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NUSSBAUM TRUCKING, INC. v. ILL. COMMERCE COM.

No. 81-58.

99 Ill. App.3d 741 (1981)

425 N.E.2d 1229

NUSSBAUM TRUCKING, INC., et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed August 26, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Hercules F. Bolos and Allen C. Wesolowski, Assistant Attorneys General, of counsel), for appellant.

Paul J. Maton and Murray L. Barr, both of Maton, Goldstein and Barr, of Chicago, and Roy J. Solfisburg, Jr., of Aurora, for appellees.

Judgment reversed.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

The Illinois Commerce Commission (hereinafter ICC) conducted hearings on the petition of C.P. Brown and I.C. Hemmings (hereinafter applicants) to acquire control of Chicago Express Co., Inc. (hereinafter the carrier) by purchase of its outstanding capital stock. Approval of such an acquisition by the ICC is governed by the provisions of section 18-309 of the Illinois Motor Carrier...

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