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ASH v. NORTHERN ILLINOIS GAS COMPANY

No. 15495.

362 F.2d 148 (1966)

John J. ASH, J. A. Peterson and Henry Heuton, Plaintiffs-Appellants, v. NORTHERN ILLINOIS GAS COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 3, 1966.

Attorney(s) appearing for the Case

Philip C. Zimmerly, Zimmerly, Price & Johnson, Champaign, Ill., for plaintiffs-appellants.

Justin A. Stanley, Chicago, Ill., Charles R. Young, Danville, Ill., Robert A. Helman, James E. Knox, Jr., David L. Lange, Isham, Lincoln & Beale, Chicago, Ill., John P. Meyer, Wise, Meyer, Young & Welsch, Danville, Ill., for defendant-appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KNOCH, Circuit Judge.

The plaintiffs-appellants, John J. Ash, J. A. Peterson and Henry Heuton, brought suit in the United States District Court against the defendant-appellee, Northern Illinois Gas Company, praying that the District Court declare the rights of the respective parties and issue orders for the protection of such rights.

The defendant, an Illinois public utility, was authorized by the Illinois Commerce Commission to develop an underground natural...

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