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ILLINOIS CENTRAL GULF R.R. v. EATON

No. 5-85-0123.

140 Ill. App.3d 206 (1985)

485 N.E.2d 1245

ILLINOIS CENTRAL GULF RAILROAD, Plaintiff-Appellant, v. MERWIN H. EATON et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed November 19, 1985.

Attorney(s) appearing for the Case

William W. Hart, Jr., and A. Courtney Cox, both of Hart & Hart, of Benton, for appellant.

Paul M. Caldwell and Edwina D. Warner, both of Caldwell, Troutt, Alexander, Quindry & Popit, of Benton, for appellees.

Judgment affirmed.

JUSTICE KARNS delivered the opinion of the court:

Petitioner, Illinois Central Gulf Railroad, appeals from the judgment of the circuit court of Franklin County, entered January 29, 1985, dismissing petitioner's amended petition for condemnation.

Petitioner filed a petition for condemnation on April 15, 1983, seeking to exercise its right of eminent domain to acquire land owned by respondents, Merwin and Marilyn Eaton, for the purpose...

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