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PEOPLES GAS LIGHT & COKE CO. v. CITY OF CHICAGO

No. 83-402.

117 Ill. App.3d 353 (1983)

453 N.E.2d 740

THE PEOPLES GAS LIGHT AND COKE COMPANY, Plaintiff-Appellee, v. THE CITY OF CHICAGO, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed August 15, 1983.

Attorney(s) appearing for the Case

Stanley Garber, Corporation Counsel, of Chicago (Jerome A. Siegan and Maureen Kelly Ivory, Assistant Corporation Counsel, of counsel), for appellant.

Simon & Spitalli and Hopkins & Sutter, both of Chicago (Raymond F. Simon, Joseph A. Spitalli, Peter B. Freeman, Michael M. Conway, William Carlisle Herbert, and Joseph F. Griffin, of counsel), for appellee.

Order affirmed and cause remanded.

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:

On February 1, 1983, the plaintiff, Peoples Gas Light and Coke Company, filed a verified complaint for declaratory and injunctive relief which alleged that the city of Chicago's "Winter Gas Termination and Reconnection Ordinance" (Municipal Code of the City of Chicago 1983, ch. 187.1) was unconstitutional. The ordinance prohibited Peoples Gas from terminating gas...

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