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DEPARTMENT OF TRANSPORTATION v. ZABEL

No. 74-242.

29 Ill. App.3d 407 (1975)

330 N.E.2d 878

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. FRED ZABEL, JR., et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion modified upon denial of rehearing July 18, 1975.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Thomas Judd and Raymond Terrell, Assistant Attorneys General, of counsel), for appellant.

Gomien & Glennon, Ltd., of Dwight, and Robert H. Adcock, of Morris (Roger B. Gomien, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

The Department of Transportation of the State of Illinois appeals from an order of the Circuit Court of Grundy County which dismissed the petition for condemnation of certain lands belonging to defendants Fred Zabel, Jr., and Jeanne Zabel, as a sanction for the purported failure to comply with discovery orders of that court.

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