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NAT'L BLVD. BK. v. DEPT. OF TRANSP.

No. 78-861.

78 Ill. App.3d 168 (1979)

397 N.E.2d 91

NATIONAL BOULEVARD BANK OF CHICAGO, Trustee, et al., Plaintiffs-Appellees, v. THE DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed October 26, 1979.

Attorney(s) appearing for the Case

Leonard W. Golan, Robert C. Thomas, Richard A. Redmond, Nicholas S. Limperis, and Kinnaird & Kinnaird, all of Chicago (Dorothy Kirie Kinnaird and R. Burke Kinnaird, of counsel), for appellants.

Darnell, Polachek & Associates, of Franklin Park, for appellees.

Reversed and remanded.

Mr. JUSTICE WILSON delivered the opinion of the court:

Defendants appeal an order of the trial court entered after we had reversed and remanded its earlier finding that a 13.3-foot strip of plaintiffs' real estate had become a highway by prescription. Defendants contend that (1) a finding which led to the entry of the trial court's order was contrary to the holding and mandate of the appellate court; and (2) the relief granted to plaintiffs...

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