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BOLES TRUCKING, INC. v. O'CONNOR

No. 4-85-0176.

138 Ill. App.3d 764 (1985)

486 N.E.2d 362

BOLES TRUCKING, INC., et al., Plaintiffs-Appellants and Cross-Appellees, v. PHILIP R. O'CONNOR et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed November 26, 1985.

Attorney(s) appearing for the Case

Robert T. Lawley, of Routman & Lawley, Ltd., of Springfield, for appellants.

Neil F. Hartigan, Attorney General, of Springfield (Hercules F. Bolos and Eva-Maria Wohn, Special Assistant Attorneys General, of Chicago, of counsel), for appellees.

Affirmed in part and reversed in part.

JUSTICE WEBBER delivered the opinion of the court:

Plaintiffs brought a complaint for declaratory judgment in the circuit court of Sangamon County, alleging that section 18-702 of the Illinois Motor Carrier of Property Law (Motor Carrier Law) (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 18-702) is unconstitutional insofar as it grants authority to the Illinois Commerce Commission (Commission) to assess civil penalties for...

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