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DEPT. OF PUB. WORKS & BLDGS. v. SUN OIL CO.

No. 77-488.

66 Ill. App.3d 64 (1978)

383 N.E.2d 634

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Plaintiff-Appellee, v. SUN OIL COMPANY et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed October 17, 1978.

Attorney(s) appearing for the Case

Kassly, Bone, Becker & Carlson, P.C., of Belleville (Stephen M. Tillery, of counsel), for appellants Kenneth J. Johnson, Mary L. Johnson, Clayton L. Johnson, and Mary Maxine Johnson.

William J. Scott, Attorney General, of Springfield (Ben S. Urban, Assistant Attorney General, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE KUNCE delivered the opinion of the court:

Kenneth J. Johnson, Mary Johnson, Clayton Johnson and Maxine Johnson appeal from a judgment entered on a jury verdict for $28,500 in compensation for the taking of 1.07 acres and zero damages to the remainder, 1.93 acres.

The defendants contend that they were denied a fair trial: (1) by the State's violation of the court's order...

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