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PIONEER TOWING, INC. v. COMMERCE COM.

No. 80-2131.

99 Ill. App.3d 403 (1981)

425 N.E.2d 1109

PIONEER TOWING, INC., Plaintiff-Appellant, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied September 4, 1981.

Attorney(s) appearing for the Case

Lipnick, Barsy & Joseph, of Chicago (Burton Joseph, of counsel), for appellant.

Tyrone C. Fahner, Attorney General, of Chicago (Hercules F. Bolos and James E. Weging, Assistant Attorneys General, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiff filed a declaratory judgment action challenging the constitutionality of section 18a-200(3) of the Illinois Commercial Relocation of Trespassing Vehicles Law (Ill. Rev. Stat. 1979, ch. 95 1/2, par. 18a-200) (the Act). The statute as amended by Public Acts 81-332 and 81-333, places a $35 per tow ceiling on the rates that the Illinois Commerce Commission (Commission) can set...

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