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CITIZENS VALLEY VIEW CO. v. COM. COMM.

No. 37037.

28 Ill.2d 294 (1963)

192 N.E.2d 392

CITIZENS VALLEY VIEW COMPANY, Appellant, v. ILLINOIS COMMERCE COMMISSION, et al. — (SUNNY ACRES SEWER & WATER CO. et al., Appellees.).

Supreme Court of Illinois.

Rehearing denied September 26, 1963.

Attorney(s) appearing for the Case

CHAPMAN AND CUTLER, of Chicago, (JOHN N. VANDER VRIES, GEORGE H. JIRGAL, and GERALD G. IMSE, of counsel,) for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, (EDWARD V. HANRAHAN, Special Assistant Attorney General, of counsel,) for appellee Illinois Commerce Commission.

ALBERT E. JENNER, JR., HOWARD R. BARRON, RICHARD L. VERKLER, FRANK E. DONAHUE, and WILLIAM J. WALSH, all of Chicago, (THOMPSON, RAYMOND, MAYER & JENNER, of counsel,) for appellee Sunny Acres Sewer & Water Co.

Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

These proceedings began with the filing on May 23, 1960, by the Sunny Acres Sewer & Water Co. (hereinafter referred to as Sunny Acres), of a petition for a certificate of convenience and necessity to service some 800 acres of land in Du Page County with sewer and water. On June 14, 1960, Citizens Valley View Company (hereinafter referred to as Citizens Valley), sought to intervene...

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