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DEPARTMENT OF CONSERVATION v. FRANZEN

No. 75-500.

43 Ill. App.3d 374 (1976)

356 N.E.2d 1245

THE DEPARTMENT OF CONSERVATION, Plaintiff-Appellee, v. R.A. FRANZEN et al., Defendants-Appellants.

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

Supplemental opinion filed upon denial of rehearing December 3, 1976.

Attorney(s) appearing for the Case

Burke & Weber, of Chicago, for appellants.

William J. Scott, Attorney General, of Chicago (Frank S. Righeimer, Jr., Patrick J. Agnew, and Leo N. Cinquino, Assistant Attorneys General, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The defendants, La Salle National Bank, as trustee under Trust No. 23832 and S.A. Bowles, as trustee under Trust No. 540 (record title holders of parcels of real estate described in the condemnation petition), and R.A. Franzen and William Ziegler, as beneficiaries under both trusts, appeal under Supreme Court Rule 308 (Ill. Rev. Stat. 1973, ch. 110A, par. 308) from an interlocutory...

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