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CENTRAL ILL. LIGHT CO. v. COMMERCE COM.

No. 43013.

47 Ill.2d 257 (1970)

265 N.E.2d 154

CENTRAL ILLINOIS LIGHT COMPANY et al. Appellants, v. ILLINOIS COMMERCE COMMISSION et al. — (ALTON AND SOUTHERN RAILROAD et al., Appellees.)

Supreme Court of Illinois.

Opinion filed December 4, 1970.

Attorney(s) appearing for the Case

C.V. O'HERN, JR., of O'HERN, O'HERN & WOMBACHER, of Peoria, for appellants.

JOHN H. DOERINGER, of Chicago, and DAVID A. NICOLL and Ross E. CANTERBURY, both of WESTERVELT, JOHNSON, NICOLL & KELLER, of Peoria, for appellees.

Reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Alton and Southern Railroad, together with 45 other railroads (hereinafter railroads) filed a petition with the Illinois Commerce Commission on August 26, 1968, requesting that the Commission permit an increase in Illinois intrastate rates. The Commission granted the petition and on May 23, 1969, a petition for rehearing and reconsideration...

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