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MEDICAL CENTER COMMISSION v. POWELL

Gen. No. 53,497.

124 Ill. App.2d 123 (1970)

260 N.E.2d 261

Medical Center Commission, a Body Politic and Corporate, Petitioner-Appellant, v. John Powell, et al. (Chicago Transit Authority, a Municipal Corporation), Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied May 21, 1970.

Attorney(s) appearing for the Case

William J. Scott, Attorney General of State of Illinois, of Chicago (Francis T. Crowe and Herman R. Tavins, Assistant Attorneys General, of counsel), for appellant.

George J. Schaller, of Chicago, General Attorney, and Foran, Wiss & Burke, of Chicago, Special Attorneys (Robert E. Wiss, of counsel), for Chicago Transit Authority, appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is an eminent domain proceeding in which the petitioner, Medical Center Commission, a public body, appeals from an order which dismissed its petition to condemn parcels of land owned in fee simple by defendant, Chicago Transit Authority, a municipal corporation.

On March 28, 1967, the petitioner filed the petition to condemn so as to acquire title to a strip of land within its boundaries which was...

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