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ILLINI STATE TEL. CO. v. COMMERCE COM.

No. 40563.

39 Ill.2d 239 (1968)

234 N.E.2d 769

ILLINI STATE TELEPHONE COMPANY, Appellant, v. THE ILLINOIS COMMERCE COMMISSION et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 26, 1968.

Attorney(s) appearing for the Case

FRANK M. PFEIFER and J. WALDO ACKERMAN, both of Springfield, for appellant.

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

NAFZIGER & OTTEN, of Springfield, (ELMER NAFZIGER, of counsel,) for appellee General Telephone Company of Illinois.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Illini State Telephone Company appeals from an order of the circuit court of Putnam County affirming the grant of a certificate of public convenience and necessity to a competitor, the General Telephone Company of Illinois. The question is whether the manifest weight of the evidence shows Illini to be entitled to the certificate as the first in the field.

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