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TOLEDO, PEORIA & WESTERN R. CO. v. STATE OF ILL.

No. 81-1067.

547 F.Supp. 140 (1982)

TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, a corporation, Plaintiff, v. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION, John D. Kramer, J. E. Harland and Allen Austin, Defendants.

United States District Court, C. D. Illinois.

September 16, 1982.

Attorney(s) appearing for the Case

Julian E. Cannell, Peoria, Ill., for plaintiff.

Frank M. Wanless, Sp. Asst. Atty. Gen., State of Ill., Morton, Ill., for defendants.

ROBERT D. MORGAN, District Judge.

DECISION AND ORDER

This complaint, under 42 U.S.C. § 1983, names as defendants the Illinois Department of Transportation (IDOT) and three of its officials. The complaint alleges that plaintiff, in consideration of $6,000, executed and delivered to the State in 1956 a "Dedication of Right of Way for Road Purposes" in a certain parcel of described real estate; that the tract of land is not used for road purposes, but...

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