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AG FARMS, INC. v. AMERICAN PREMIER UNDERWRITERS, INC.

No. 5-97-0847.

695 N.E.2d 882 (1998)

296 Ill. App.3d 684

231 Ill.Dec. 109

AG FARMS, INC., an Illinois Corporation, Harry Van Deveer and Imogene Van Deveer, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. AMERICAN PREMIER UNDERWRITERS, INC., Successor in Title to Penn Central Corporation, and The People of the State of Illinois, Department of Natural Resources (Formerly Department of Conservation), a body politic, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided May 15, 1998.

Rehearing Denied June 17, 1998.

Attorney(s) appearing for the Case

Paul L. Stone (argued), Stone, Stone & Hanson, Sullivan, for AG Farms, Inc.

David Y. Eberspacher (argued), Hefner & Eberspacher, Mattoon, for American Premier Underwriters, Inc.

William L. Broom, III, Patricia A. Small (argued), Special Assistant Attorney General, Carbondale, Michael J. Luke, Senior Assistant Attorney General, Springfield, for Department of Natural Resources.

Presiding Justice GARMAN delivered the opinion of the court:

Plaintiffs AG Farms, Inc., and Harry and Imogene Van Deveer appeal from the May 26, 1997, order of the circuit court of Moultrie County dismissing their lawsuit and withdrawing initial certification of a class action.

I. BACKGROUND

In 1872 or thereabouts, the Paris & Decatur Railroad (P & DRR) constructed a railroad between Arthur and Hervey City, Illinois. On September 10, 1984...

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