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ILLINOIS POWER CO. v. LYNN

No. 13979.

50 Ill. App.3d 77 (1977)

365 N.E.2d 264

ILLINOIS POWER COMPANY, Plaintiff-Appellee, v. CHESTER D. LYNN et al., Defendants. — (EMERSON W. MILLER et al., Defendants-Appellants.)

Appellate Court of Illinois — Fourth District.

Opinion filed July 5, 1977.

Attorney(s) appearing for the Case

Jeffrey C. Taylor, of Owen, Roberts, Susler & Taylor, of Decatur, for appellants.

E. Wayne Schroeder and Nicholas J. Neiers, both of Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, for appellee.

Reversed and remanded.

Mr. JUSTICE HUNT delivered the opinion of the court:

This is an action brought by Illinois Power Company, plaintiff, to acquire certain tracts of land by eminent domain pursuant to authority granted to it by the Illinois Commerce Commission in a certificate of convenience and necessity and an enabling order. Emerson and Bessie Miller (hereinafter referred to as defendants), owners of a tract of land sought to be condemned, filed a motion...

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