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ILL. COMMERCE COM. v. HOLIDAY UTIL. CORP.

No. 82-748.

119 Ill. App.3d 50 (1983)

456 N.E.2d 319

ILLINOIS COMMERCE COMMISSION, Plaintiff-Appellant, v. HOLIDAY UTILITIES CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed November 8, 1983.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Hercules F. Bolos, of Illinois Commerce Commission, Special Assistant Attorney General, and Thomas J. Russell, Assistant Attorney General, of counsel), for appellant.

Richard Shaikewitz and David O. Hesi, both of Wiseman, Shaikewitz, McGivern & Wahl, P.C., of Alton, for appellee.

Affirmed in part and vacated in part.

JUSTICE JONES delivered the opinion of the court:

This appeal presents the issue, which we raise on our own motion, of whether the circuit court upon judicial review of an order of the Illinois Commerce Commission (hereinafter Commission) exceeded its subject matter jurisdiction in considering the merits of a question upon which the Commission had made no finding and had entered no order.

Following a hearing the...

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