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LOMBARD PARK DIST. v. CHICAGO TITLE & TRUST CO.

Gen. No. 68-110.

105 Ill. App.2d 371 (1969)

245 N.E.2d 298

Lombard Park District, a Municipal Corporation, Plaintiff-Appellee, v. Chicago Title and Trust Company, Not Individually but as Trustee Under Trust Agreement Known as Trust No. 36988, Maywood-Proviso State Bank, Not Individually but as Trustee Under Trust Agreement Known as Trust No. 1604, Elmhurst National Bank, Not Individually but as Trustee Under Trust Agreements Known as Trusts Numbered 634, 1983, 1985 and 1900, Lawrence A. Britton, et al., Unknown Beneficiaries of Chicago Title and Trust Company, Trust No. 36988, Unknown Beneficiaries of Maywood-Proviso State Bank, Trust No. 1604, Unknown Beneficiaries of Elmhurst National Bank, Trust No. 634, Trust No. 1983, Trust No. 1985, Trust No. 1900, and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois — Second Judicial District.

Rehearing denied March 24, 1969.

Attorney(s) appearing for the Case

Paul S. Schmid, of Wheaton, for appellants.

Donald J. Kreger and Thomas A. Matthews, of Chicago, for appellee.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

Defendants appeal from a judgment of condemnation as to four contiguous parcels of land located within the Village of Lombard, entered after jury verdicts. The petition to condemn included two additional contiguous parcels, as to which the trial court set aside the jury verdicts and granted a new trial on the ground that certain evidence should have been admitted, but the post-trial

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