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DEPT. OF TRANSP. v. TOLEDO, PEORIA & W.R.R.

No. 77-305.

59 Ill. App.3d 886 (1978)

376 N.E.2d 88

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, Respondent-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed May 15, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., and Tim Swain, II, Assistant Attorneys General, of counsel), for appellant.

David B. Mueller, of Cassidy, Cassidy, Mueller & Price, of Peoria, for appellee.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This is an interlocutory appeal from the Circuit Court of Peoria County. The purpose of this appeal is to determine certain evidentiary matters which are to be introduced at a subsequent trial to determine just compensation for the taking of property by eminent domain.

On June 17, 1971, the Department of Public Works and Buildings of the State of Illinois (hereinafter called...

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