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CENTRAL ILL. PUBLIC SERVICE CO. v. COMMERCE COM'N EX REL. CENTRAL R.R. CO.

No. 34915.

18 Ill.2d 506 (1960)

165 N.E.2d 322

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Appellee, v. ILLINOIS COMMERCE COMMISSION ex rel. Illinois Central Railroad Company, Appellant.

Supreme Court of Illinois.

Rehearing denied March 28, 1960.

Attorney(s) appearing for the Case

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and HARRY R. BEGLEY, Special Assistant Attorney General, of Chicago, (ELMER M. WALSH, JR., of counsel,) for the Illinois Commerce Commission.

JOHN W. FOSTER, ROBERT MITTEN, and CRAIG & CRAIG, all of Chicago, (JOSEPH H. WRIGHT, and HERBERT J. DEANY, of counsel,) for appellant.

BAKER & BAKER, of Shelbyville, and STEVENS, HERNDON & NAFZIGER, of Springfield, for appellee.

Judgment reversed; orders of commission confirmed.

Mr. JUSTICE DAVIS delivered the opinion of the court:

This case involves the jurisdiction of the Illinois Commerce Commission, herein called the Commission, to compel Central Illinois Public Service Company, herein called the Power Company, to contribute to the cost of changing the train-stop system of the Illinois Central Railroad Company, herein called the Railroad.

In 1953 the Railroad filed a complaint...

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