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SULLIVAN v. COMMONWEALTH EDISON CO.

No. 81-92.

115 Ill. App.3d 560 (1983)

450 N.E.2d 1191

EDWARD SULLIVAN et al., Plaintiffs-Appellants, v. COMMONWEALTH EDISON COMPANY et al., Defendants-Appellees.

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

Modified on denial of rehearing July 13, 1983.

Attorney(s) appearing for the Case

William J. Harte, Ltd., and Plotkin & Jacobs, Ltd., both of Chicago (William J. Harte, Robert Plotkin, John G. Jacobs, and Robert P. Schuwerk, of counsel), for appellants.

James R. Bryant, Michael J. Karson, John T. Lenahan, Klein, Thorpe & Jenkins, Ltd., and Ancel, Glink, Diamond, Murphy & Cope, all of Chicago, for appellees City of Evanston, Village of Oak Park, Village of Park Forest, Village of River Forest, and Village of Rosemont.

Richard G. Ferguson, Paul W. Schroeder, and Alan P. Bielawski, all of Isham, Lincoln & Beale, of Chicago, for appellee Commonwealth Edison Company.

Robert A. Helman, Stephen J. Mattson, Leslie A. Stulberg, and Richard J. Klein, all of Mayer, Brown & Platt, of Chicago, for appellee Northern Illinois Gas Company.

Tyrone C. Fahner, Attorney General, of Springfield (Patricia Rosen, Assistant Attorney General, of counsel), for appellee James Zagel, Director of Illinois Department of Revenue.

Affirmed in part, and reversed and remanded in part.

PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs are residents of various suburban Cook County municipalities and customers of defendant utilities, Commonwealth Edison Company, Illinois Bell Telephone Company, and Northern Illinois Gas Company. They brought this class action complaint on behalf of all similarly situated utility customers in their municipalities against the municipalities...

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