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PEOPLE v. ONE 1974 CHEVROLET CORVETTE NO. 1Z37J4S400951

No. 82-456.

117 Ill. App.3d 616 (1983)

453 N.E.2d 890

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ONE 1974 CHEVROLET CORVETTE NO. 1Z37J4S400951, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 26, 1983.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and Phyllis J. Perko and Cheri A. Novak, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Jay R. Grodner, of Aurora, for appellee.

Reversed and remanded.

JUSTICE VAN DEUSEN delivered the opinion of the court:

The State appeals from a Du Page County circuit court order granting Hugh W. Ferrell's motion to dismiss the State's complaint seeking the forfeiture of his 1974 Chevrolet Corvette. That motion alleged that a prior Kane County circuit court order releasing the car constituted collateral estoppel to the State's action. The State argues on appeal that Mr. Ferrell failed to meet his...

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