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DEPT. OF PUBLIC WORKS & BLDGS. v. SCHON

No. 41642.

42 Ill.2d 537 (1969)

250 N.E.2d 135

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Appellant, v. HULDA SCHON et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 28, 1969.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (HAROLD G. ANDREWS and RICHARD E. QUINN, Assistant Attorneys General, of counsel,) for appellant.

DURR & DURR, of Edwardsville, for appellees.

Appellate Court reversed; circuit court affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The sole question here is whether, after a "quick-take" order in an eminent domain action, interest is payable on the excess above the amount preliminarily found to be just compensation or on the amount by which the final award exceeds the amount deposited under the order.

The circuit court of Madison County held in two cases

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