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DEP'T OF TRANSPORTATION v. GRAHAM

No. 5-84-0127.

130 Ill. App.3d 589 (1985)

474 N.E.2d 810

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellee, v. J.W. GRAHAM, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 29, 1985.

Attorney(s) appearing for the Case

Robert M. Crain, of Crain, Cooksey, Veltman & Pursell, Ltd., of Centralia, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roy E. Frazier, Jr., Assistant Attorney General, of Springfield, and Paul D. Giamanco, Special Assistant Attorney General, of Mt. Vernon, of counsel), for appellee.

Judgment vacated and cause remanded.

JUSTICE WELCH delivered the opinion of the court:

This is an eminent domain proceeding, filed September 5, 1980, by petitioner Illinois Department of Transportation (hereinafter the Department) in the circuit court of Effingham County. Named defendants were the Petty Co., Inc., the Effingham County Committee on Aging, the First National Bank of Effingham, the American Oil Co., and J.W. Graham, only the latter of whom was...

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