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ILLINOIS POWER CO. v. ILL. COMMERCE COM.

No. 5-84-0036.

127 Ill. App.3d 937 (1984)

469 N.E.2d 347

ILLINOIS POWER COMPANY et al., Plaintiffs-Appellants, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied October 17, 1984.

Attorney(s) appearing for the Case

Schiff, Hardin & Waite, of Chicago, for appellant Illinois Power Company.

Albert A. Scriber, of Barnhard, Scriber and Koger, of Mt. Carmel, for appellant Mt. Carmel Public Utility Company.

Neil F. Hartigan, Attorney General, of Springfield (Hercules F. Bolos, Special Assistant Attorney General, and Kathleen Nolan, Assistant Attorney General, of counsel), for appellee.

David J. Rosso, Boyd J. Springer, and Michael F. Kerr, all of Isham, Lincoln & Beale, of Chicago, for intervenor Central Illinois Public Service Company.

Reversed and remanded.

JUSTICE KARNS delivered the opinion of the court:

This appeal was taken from an order of the circuit court of Wabash County affirming the denial by the Illinois Commerce Commission (Commission) of a proposed merger of Illinois Power Company (Illinois Power) and Mt. Carmel Public Utility Company (Mt. Carmel). (Ill. Rev. Stat. 1983, ch. 111 2/3, pars. 72, 73.) The petition, filed on December...

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