ILL. POWER CO. v. CITY OF JACKSONVILLE

No. 35473.

18 Ill.2d 618 (1960)

165 N.E.2d 300

ILLINOIS POWER COMPANY, Appellant, v. THE CITY OF JACKSONVILLE et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 28, 1960.


Attorney(s) appearing for the Case

DALLSTREAM, SCHIFF, HARDIN, WAITE & DORSCHEL, of Chicago, and BELLATTI, FAY & BELLATTI, of Jacksonville, (QUERIN P. DORSCHEL, W.R. BELLATTI, W. DONALD McSWEENEY, and JAMES R. MITCHELL, of counsel,) for appellant.

ROBINSON, FOREMAN, RAMMELKAMP, BRADNEY & HALL, and WILLIAM T. WILSON, City Attorney, both of Jacksonville, and I.J. FEUER, Assistant Corporation Counsel, and ROBERT WEINER, City Attorney, both of Springfield, for appellees the City of Springfield and the City of Jacksonville.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and HARRY R. BEGLEY, Special Assistant Attorney General, of Chicago, for amicus curiae The Illinois Commerce Commission, and TRAYNOR & HENDRICKS, of Springfield for amicus curiae the Illinois Municipal Utilities Association.


Decree affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The Illinois Power Company commenced this action in the circuit court of Morgan County to enjoin the city of Jacksonville from carrying out a plan for the construction of a transmission line from Springfield to Jacksonville over which electric power would be transmitted for the use of the municipal utility in Jacksonville. The complaint charged...

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