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BYINGTON v. DEPARTMENT OF AGRICULTURE

No. 2-00-1467.

764 N.E.2d 576 (2002)

327 Ill. App.3d 726

261 Ill.Dec. 961

Alan BYINGTON and Gene Byington, d/b/a Byington Brothers, Plaintiffs-Appellees, v. The DEPARTMENT OF AGRICULTURE and Conley Grain Company, Defendants-Appellants.

Appellate Court of Illinois, Second District.

February 13, 2002.

Attorney(s) appearing for the Case

Richard A. Palmer, Ward, Murray, Pace & Johnson, P.C., Sterling, for Conley Grain Co.

James E. Ryan, Attorney General, Karen J. Dimond, Assistant Attorney General, Chicago, for Department of Agriculture. John A. Leemon, J. Jerry Kane, Leemon & Kane, Mt. Carroll, for Alan Byington, Gene Byington.

Justice GEIGER delivered the opinion of the court:

The plaintiffs, Alan and Gene Byington, d/b/a Byington Brothers, filed a complaint for administrative review in the circuit court of Carroll County after defendant Illinois Department of Agriculture (the Department) found that they were not entitled to recovery under the Grain Code (240 ILCS 40/1-1 et seq. (West 1998)). The trial court reversed the decision of the Department and entered a judgment in favor...

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