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MOFFITT v. CITY OF ROCK ISLAND

No. 79-265.

77 Ill. App.3d 850 (1979)

397 N.E.2d 457

S. WALLACE MOFFITT et al., Plaintiffs-Appellees, v. THE CITY OF ROCK ISLAND, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Supplemental opinion filed on denial of rehearing December 6, 1979.

Attorney(s) appearing for the Case

Bernard C. Gillman and Dorothea O'Dean, both of Rock Island, for appellant.

Edward Eagle, of Eagle & Eagle, of Rock Island, for appellees.

Judgment reversed.

Mr. JUSTICE ALLOY delivered the opinion of the court:

In this cause, the city of Rock Island appeals from the judgment of the circuit court of Rock Island County which was entered, following a bench trial, as a result of which the trial judge entered an order setting aside a deed executed by plaintiffs which conveyed approximately 22 acres for a right-of-way to construct a road on what is described as 92d Avenue. In this action, which was...

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