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DEPT. OF TRANSPORTATION v. GONTERMAN

No. 75-167.

41 Ill. App.3d 62 (1976)

354 N.E.2d 76

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. J. WILBUR GONTERMAN et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied September 14, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., and Ronald C. Mottaz, Assistant Attorneys General, of counsel), for appellant.

James E. Gorman, of Reed, Armstrong, Gorman and Coffey, of Edwardsville, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE KARNS delivered the opinion of the court:

Petitioner brought this action pursuant to articles II and IV of the Illinois Highway Code (Ill. Rev. Stat. 1969, ch. 121, pars. 2-101 to 2-219, 4-101 to 4-510) in the Circuit Court of Madison County to condemn the fee in certain land owned by defendants which was required for the construction of an interchange between Federal Aid Interstate Route 55 and Route 143. Defendants...

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