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DEPARTMENT OF PUBLIC WORKS & BLDGS. v. PORTER

Gen. No. 69-211.

123 Ill. App.2d 415 (1970)

259 N.E.2d 74

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-Appellant, v. Grover D. Porter and Gladys Porter, Defendants-Appellees.

Appellate Court of Illinois — Second District.

May 21, 1970.

Attorney(s) appearing for the Case

William J. Scott, Attorney General of State of Illinois, of Springfield, William P. Ryan, Assistant Attorney General, of Springfield, Richard E. Quinn, Special Assistant Attorney General, of Peoria, and Frank P. North, Special Assistant Attorney General, of Rockford, for appellant.

Reno, Zahm, Folgate and Skolrood, of Rockford, for appellees.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

The only issue is whether the defendant owners are entitled to interest under the Illinois Interest Act (Ill Rev Stats 1967, c 74, § 3) on monies deposited by petitioner pursuant to a motion for immediate vesting of title under Ill Rev Stats 1967, c 47, § 2.6, which the owners chose not to withdraw prior to the conclusion of proceedings.

The condemnation petition was filed February 5th, 1968...

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