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TOLEDO, PEORIA & W.R. CO. v. STATE OF ILL.

Nos. 83-2638, 83-2709.

744 F.2d 1296 (1984)

TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, a Corporation, Plaintiff-Appellee, Cross-Appellant, v. STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION; John D. Kramer; J.E. Harland, and Allen Austin, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 1984.

Attorney(s) appearing for the Case

Richard E. Quinn, Sp. Asst. Atty. Gen., State of Ill., McConnell, Kennedy, Quinn & Johnston, Peoria, Ill., for plaintiff-appellee, cross-appellant.

Julian E. Cannell, Kavanagh, Scully, Sudow, White & Frederick, Peoria, Ill., for defendants-appellants, cross-appellees.

Before BAUER and WOOD, Circuit Judges, and WEIGEL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Defendants Illinois Department of Transportation (IDOT), its secretary, John Kramer, and two of its employees, J.E. Harland and Allen Austin, appeal a mandatory injunction directing them to restore to plaintiff Toledo, Peoria & Western Railroad Company all possessory rights as the fee simple owner of a plot of land in East Peoria. Plaintiff brought this suit under section 1983 of the Civil Rights Act of 1871, 42 U.S.C. §...

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