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NORTH. ILL. GAS CO. v. ENERGY COOP., INC.

No. 3-83-0331.

122 Ill. App.3d 940 (1984)

461 N.E.2d 1049

NORTHERN ILLINOIS GAS COMPANY, Plaintiff-Appellant, v. ENERGY COOPERATIVE, INC., Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed March 27, 1984.

Attorney(s) appearing for the Case

Mayer, Brown & Platt, of Chicago, and Black & Black, of Morris, for appellant.

Samuel A. Haubold and Stephen R. Patton, both of Kirkland & Ellis, of Chicago, and Eugene W. Hayes, of Dunn & Hayes, of Morris, for appellee.

Neil F. Hartigan, Attorney General, of Springfield (Hercules F. Bolos, Special Assistant Attorney General, of counsel), for amicus curiae Illinois Commerce Commission.

Affirmed in part, and reversed in part and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

An action was brought in the circuit court of Grundy County by Northern Illinois Gas Company (hereinafter NI-Gas), seeking a declaratory judgment that it had properly ceased performance under a long-term supply contract with Energy Cooperative, Inc. (hereinafter ECI). ECI counterclaimed for breach of contract...

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