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SCHNABEL v. COUNTY OF DU PAGE

No. 80-776.

101 Ill. App.3d 553 (1981)

428 N.E.2d 671

CLARA SCHNABEL et al., Plaintiffs-Appellants, v. THE COUNTY OF DU PAGE et al., Defendants-Appellees. — (ILLINOIS PRAIRIE PATH, INC., Intervenor-Appellee.)

Appellate Court of Illinois — Second District.

Opinion filed November 12, 1981.

Attorney(s) appearing for the Case

John G. Plain, of Aurora, for appellants.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Walter P. Maksym, Jr., and Richard Hattendorf, Assistant State's Attorneys, of counsel), for appellees.

Judgment reversed.

Mr. JUSTICE REINHARD delivered the opinion of the court:

Plaintiffs brought this action to quiet title and set aside a deed to property conveyed by quitclaim deed to the defendant, County of Du Page. Both parties moved for summary judgment and stated that there was no genuine issue as to any material fact. On June 6, 1979, the trial court entered an order denying the plaintiffs' motion for summary judgment and granting the county's cross...

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