WEST v. CITY OF BATAVIA

No. 2-86-0098.

155 Ill. App.3d 925 (1987)

508 N.E.2d 1124

CORA MAE WEST, for Herself and all those similarly situated, Plaintiff-Appellant, v. THE CITY OF BATAVIA et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed May 22, 1987.


Attorney(s) appearing for the Case

Mary Robinson, of Robinson & Skelnik, of Elgin, and Thomas Joseph Burke, of Benson, Mair & Gosselin, of Batavia, for appellant.

Ralph S. Beck, of Batavia, and Rebecca A. Erhardt, of Boardman, Suhr, Curry & Field, of Madison, Wisconsin, for appellees.


Judgment affirmed.

JUSTICE NASH delivered the opinion of the court:

Plaintiff, Cora Mae West, sought to bring a class action against the defendant, the city of Batavia, on behalf of customers of the city's electric utility to recover a $1 million refund which Commonwealth Edison paid to the city in settlement of litigation over wholesale electric rates charged by Edison. Plaintiff appeals from the dismissal of her complaint for failure to state a cause of...

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