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TYRRELL GRAVEL CO. v. CARRADUS

No. 2-92-1076.

619 N.E.2d 1367 (1993)

250 Ill. App.3d 817

189 Ill.Dec. 318

TYRRELL GRAVEL COMPANY, Plaintiff-Appellant, v. Dean E. CARRADUS, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

September 13, 1993.

Attorney(s) appearing for the Case

William P. Brady, Gallagher, Klein & Brady, DeKalb, for Tyrrell Gravel Co.

Norman H. Racine, Racine & Racine, Sycamore, for Dean and M. Frances Carradus.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, Tyrrell Gravel Company, sued defendants, Dean and M. Frances Carradus, for a declaratory judgment. Plaintiff sought a declaration that it had a property interest in fish that were contained in man-made bodies of water on real property that plaintiff had conveyed to defendants. The trial court granted summary judgment in defendants' favor on the grounds that (1) the fish were part of the real property; and...

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