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STATE OF ILL. EX REL. HARTIGAN v. PANHANDLE EASTERN PIPE LINE CO.

No. 85-2601.

852 F.2d 891 (1988)

STATE OF ILLINOIS ex rel. Neil F. HARTIGAN, Attorney General of the State of Illinois, in its proprietary capacity, in its capacity, and in its representative capacity, Plaintiff-Appellee, v. PANHANDLE EASTERN PIPE LINE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 1988.

Rehearing May 26, 1988.

Decided July 18, 1988.

Attorney(s) appearing for the Case

Paul H. LaRue, Chadwell & Kayser, Ltd., Chicago, Ill., for defendant-appellant.

Richard L. Miller, Burke & Smith, Chtd., Chicago, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, CUMMINGS, CUDAHY, POSNER, COFFEY, FLAUM, RIPPLE, MANION, and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing En Banc May 26, 1988.

POSNER, Circuit Judge.

Central Illinois Light Company (CILCO) is a publicly regulated retail distributor of natural gas. It bought natural gas from Panhandle Eastern Pipe Line Company at prices allegedly inflated because of violations of the antitrust laws by Panhandle, and resold the gas to residential and industrial consumers. In its resales to residential consumers, CILCO passed on the entire overcharge in the form of higher...

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