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ILL. POWER CO. v. ILL. COMMERCE COM.

No. 61088.

111 Ill.2d 505 (1986)

490 N.E.2d 1255

ILLINOIS POWER COMPANY et al., Appellees, v. THE ILLINOIS COMMERCE COMMISSION et al. (Central Illinois Public Service Company, Appellant).

Supreme Court of Illinois.

Opinion filed March 19, 1986.

Attorney(s) appearing for the Case

Isham, Lincoln & Beale, of Chicago (David J. Rosso, Boyd J. Springer, Michael R. Goldfein and Michael F. Kerr, of counsel), for appellant Central Illinois Public Service Company.

Hercules F. Bolos and Kathleen Nolan, Special Assistant Attorneys General, of Chicago, for the Illinois Commerce Commission.

Schiff, Hardin & Waite, of Chicago, and Barnhard, Scriber & Koger, of Mt. Carmel, for appellees.

Appellate court reversed; circuit court affirmed.

JUSTICE WARD delivered the opinion of the court:

On December 7, 1981, Illinois Power Company filed a petition under section 27 of the Public Utilities Act (Ill. Rev. Stat. 1981, ch. 111 2/3, par. 27) seeking approval by the Illinois Commerce Commission of a proposed merger of its wholly owned subsidiary, I.P., Inc., with Mt. Carmel Public Utility Company. The Commission allowed Central Illinois Public Service...

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