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DEPARTMENT OF PUBLIC WKS. & BLDGS. v. TINSLEY

Gen. No. 68-139.

120 Ill. App.2d 95 (1970)

256 N.E.2d 124

The Department of Public Works and Buildings of the State of Illinois, for and in Behalf of the People of the State of Illinois, Petitioner-Appellee, v. Herbert Tinsley, Helen Tinsley, Donna Lee Turner, Loren F. Turner, Ramona June Kelley, James Roy Kelley, Harvey W. Randall, Grace Randall, Curtis W. Gillespie, d/b/a Belle Rive Mining Co., and Belle Rive Mining Co., a Corporation, Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

February 11, 1970.

Attorney(s) appearing for the Case

Dowell & Dowell, of Mt. Vernon, for appellants.

William J. Scott, Attorney General of State of Illinois, of Chicago (Harold G. Andrews and G.W. Howard, III, Special Assistant Attorneys General, of counsel), for appellee.

GOLDENHERSH, J.

Defendants appeal from the judgment of the Circuit Court of Jefferson County entered upon a jury verdict in an action to condemn land for use in the construction of Interstate Route 57 north of Mt. Vernon.

In this action petitioner acquired fee simple title, except for certain coal, oil, gas and mineral rights, to two parcels of land comprising, respectively, 9.2 and 6.4 acres, and an easement...

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