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JOHNSON v. PARTEE

No. 82-3139.

120 Ill. App.3d 232 (1983)

458 N.E.2d 1

VALERIE JOHNSON et al., Petitioners-Appellees, v. CECIL A. PARTEE, Treasurer of the City of Chicago, et al., Defendants — (Illinois Bell Telephone Company, Defendant-Appellant).

Appellate Court of Illinois — First District (3rd Division).

Supplemental opinion filed on denial of rehearing January 11, 1984.

Attorney(s) appearing for the Case

Thomas P. Hester, James R. Bryant, Jr., Robert Guritz, Michael J. Karson, and John T. Lenahan, all of Chicago, for appellant.

Leonard E. Handmacher, Sidney Z. Karasik, and Seymour Schriar, all of Chicago, for appellees.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiffs filed this taxpayers' derivative action for injunctive and other relief in the name of the city of Chicago, challenging the city's payment of an additional charge which defendant-utilities, Commonwealth Edison Company, Illinois Bell Telephone Company and The Peoples Gas, Light & Coke Company, passed on to their customers pursuant to section 36(a) of the Public Utilities...

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