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NORDINE v. ILLINOIS POWER CO.

No. 38774.

32 Ill.2d 421 (1965)

206 N.E.2d 709

FRITZ V. NORDINE et al., Appellees, v. ILLINOIS POWER COMPANY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 19, 1965.

Attorney(s) appearing for the Case

JAMES R. DEPEW, Corporation Counsel, JOSEPH W. DEPEW, and LIVINGSTON, BARGER & BRANDT, all of Bloomington, and MAYER, FRIEDLICH, SPIESS, TIERNEY, BROWN & PLATT, and SCHIFF HARDIN WAITE DORSCHEL & BRITTON, both of Chicago, (HERBERT M. LIVINGSTON, ROBERT L. STERN, and WILLIAM T. HART, of counsel,) for appellants.

ROBINSON, FOREMAN, RAMMELKAMP, BRADNEY, & HALL, of Jacksonville, and YODER & YODER, of Bloomington, (ORVILLE N. FOREMAN, WALTER A. YODER, THEODORE C. RAMMELKAMP, and JAMES W. YODER, of counsel,) for appellees.

CHAPMAN & CUTLER, and ISHAM, LINCOLN & BEALE, both of Chicago, O'HERN, ALLOY, O'HERN & WOMSACHER, of Peoria, and STEVENS, HERNDON, NAFZIGER & MOHAN, of Springfield, (JOHN N. VANDER VRIES, RICHARD G. FERGUSON, CHARLES V. O'HERN, and ELMER NAFZIGER, of counsel,) amici curiae.

Appellate Court reversed, circuit court affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This is an equitable action against Illinois Power Company, the city of Bloomington, and others, to restrain the sale to Illinois Power of certain personal property and real estate making up the physical properties (with minor exceptions) of the city's electric utility system. Plaintiffs are taxpayers of the city and consumers of electric energy of the system...

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