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BRINK'S, INC. v. COMMERCE COM.

No. 80-2892.

103 Ill. App.3d 851 (1981)

431 N.E.2d 1242

BRINK'S, INCORPORATED, et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant. — (WELLS FARGO ARMORED SERVICE CORPORATION, Intervening Defendant-Appellant.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied March 4, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Hercules F. Bolos, Mary C. Ubatuba, and Thomas J. Russell, Assistant Attorneys General, of counsel), for appellant Illinois Commerce Commission.

Howard Arvey, Nathan M. Cohen, Charles J. O'Connor, and Donald F. Spak, all of Arvey, Hodes, Costello & Burman, of Chicago, and David E. Wells, of Atlanta, Georgia, for appellant Wells Fargo Armored Service Corporation.

Thomas G. Lyons, Daniel W. Coyne, and Patrick L. Moore, all of O'Keefe, Ashenden, Lyons and Ward, of Chicago, for appellee Brink's, Incorporated.

Thomas J. Heneghan, of Rock, Fusco, Reynolds and Heneghan, and Michael F. Sheehan, Jr., of Deming and Sheehan, both of Chicago, for appellee Purolator Security, Incorporated.

Judgment reversed.

JUSTICE JOHNSON delivered the opinion of the court:

Appellants, Illinois Commerce Commission (Commission) and Wells Fargo Armored Service Corporation (Wells Fargo), appeal the decision of the circuit court of Cook County setting aside a Commission order granting a contract carrier permit to Wells Fargo.

On June 18, 1976, Wells Fargo applied to the Commission for a permit under section 18-302 of the Illinois Vehicle Code (Ill. Rev...

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