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RADKE v. INDEPENDENCE TUBE CORP.

No. 3-97-0987.

704 N.E.2d 72 (1998)

301 Ill.App.3d 713

234 Ill.Dec. 914

Ross B. RADKE et al., Plaintiffs and Counterdefendants-Appellant, v. INDEPENDENCE TUBE CORPORATION et al., Defendants and Counterplaintiffs-Appellees.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing November 19, 1998.

Attorney(s) appearing for the Case

Eric B. Deobler (argued), White, Marsh, Anderson, Vickers & Deobler, Ottawa, for Kathryn K. Radke, Ross B. Radke.

Keith R. Leigh (argued), Pool, Leigh & Fabricius, Ottawa, for City of Marseilles.

Randy Curato (argued), Bruce E. Lithgow, Bell, Boyd & Lloyd, Chicago, for Independence Tube Corp.

Justice KOEHLER delivered the opinion of the Court:

The plaintiffs, Ross and Kathryn Radke (the Radkes), filed suit in the circuit court of La Salle County, seeking to quiet title and to terminate an easement traversing their property. The defendant, Independence Tube Corporation, filed a counterclaim, seeking a declaration of its rights. The circuit court dismissed the plaintiffs' complaint, and, on the defendant's counterclaim, held that the defendant enjoyed an...

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