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GILLESPIE COMMUNITY UNIT v. UNION PACIFIC

No. 4-14-0877.

43 N.E.3d 1155 (2015)

398 Ill. Dec. 245

2015 IL App (4th) 140877

GILLESPIE COMMUNITY UNIT SCHOOL DISTRICT NO. 7, MACOUPIN COUNTY, Illinois; and The Board of Education of the Gillespie Community Unit School District No. 7, Macoupin County, Illinois, Plaintiffs-Appellees and Cross-Appellants, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant and Cross-Appellee (Illinois Mine Subsidence Insurance Fund, Intervenor-Appellee and Cross-Appellant).

Appellate Court of Illinois, Fourth District.

Modified Upon Denial of Rehearing December 30, 2015.

Attorney(s) appearing for the Case

D. Martin , and John Michael Clear , all of Bryan Cave LLP, St. Louis, Missouri, and Barry Levenstam (argued) and Michael A. Scodro , both of Jenner & Block LLP, Chicago, for appellant.

Rick Verticchio and Gina Verticchio , both of Verticchio & Verticchio, Gillespie, and Thomas J. Verticchio (argued) and Matthew T. Kinst , both of Swanson, Martin & Bell, LLP, Chicago, for appellee Gillespie Community Unit School District No. 7, Macoupin County, Illinois.

James E. Betke , of James E. Betke, P.C., Oak Park, for appellee Illinois Mine Subsidence Insurance Fund.

OPINION

¶ 1 There are three plaintiffs in this case. The first two plaintiffs are Gillespie Community Unit School District No. 7 and its board of education, and we will refer to those two plaintiffs, collectively, as "the School District." The third plaintiff is the...

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