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EAGLE MARINE INDUSTRIES v. UNION PACIFIC RAILROAD CO.

No. 5-05-0038.

845 N.E.2d 869 (2006)

363 Ill. App.3d 1166

301 Ill.Dec. 4

EAGLE MARINE INDUSTRIES, INC., River City Landscape Supply, Inc., and ConAgra Foods, Inc., d/b/a Peavey Company, Plaintiffs-Appellees, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 9, 2006.

Attorney(s) appearing for the Case

Thomas E. Jones, Heath H. Hooks, Thompson Coburn, LLP, Belleville, for Appellant.

Christopher Cueto, Law Office of Christopher Cueto, Ltd., Belleville; Stephen R. Wigginton, Weilmuenster & Wigginton, P.C., Belleville, for Appellees.

Justice DONOVAN delivered the opinion of the court:

The circuit court of St. Clair County entered an order enjoining defendant, Union Pacific Railroad Company (Union Pacific), from obstructing a grade crossing located on Monsanto Avenue, a public road in Sauget, Illinois, for more than 10 minutes in accordance with section 18c-7402(1)(b) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/18c-7402(1)(b) (West 2002)). On appeal, Union Pacific contends that the...

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