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BATCHELDER CO. v. GUSTAFSON

No. 73-397.

32 Ill. App.3d 14 (1975)

335 N.E.2d 565

THE BATCHELDER COMPANY, Plaintiff-Appellee, v. JAMES GUSTAFSON et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (1st Division).

Rehearing denied October 24, 1975.

Attorney(s) appearing for the Case

James G. Madden, of Hunter, Madden, Plager & Hastings, of Freeport, for appellants.

Davis, Morgan & Witherell, of Peoria, and Eckert, Schmelzle & Eckert, of Freeport, for appellee.

Reversed in part and remanded in part.

Mr. JUSTICE GUILD delivered the opinion of the court:

This is an appeal from an order declaring that certain property is a public way and enjoining defendant from interfering with the public's use thereof.

The property affected by the order of the trial court is a strip of land 20 feet in width and approximately 522 feet in length which runs from Cleveland Street...

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