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FUCHS v. RURAL ELEC. CONVENIENCE CO-OP. INC.

No. 87-2849.

858 F.2d 1210 (1988)

Eldon FUCHS, et al., On their behalf and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. RURAL ELECTRIC CONVENIENCE COOPERATIVE INC., Central Illinois Public Service Company and Mary E. Bushnell, Chairman of the Illinois Commerce Commission, an agency of the State of Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1988.

Rehearing and Rehearing Denied November 17, 1988.

Attorney(s) appearing for the Case

Thomas W. Kelty, Pfeifer & Kelty P.C., Springfield, Ill., for plaintiffs-appellants.

Lee A. Freeman Sr., Freeman Freeman & Salzman, Chicago, Ill., Thomas R. Jackson, Jones Day Reavis & Pogue, Dallas, Tex., for defendants-appellees.

Before BAUER, Chief Judge, COFFEY and FLAUM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1988.

FLAUM, Circuit Judge.

Rural Electric Convenience Cooperative ("RECC") signed an agreement with Central Illinois Public Service Company ("CIPS") dividing service areas pursuant to the Illinois Electric Supplier Act. Plaintiff customers, who are member-owners of RECC, contend that defendants violated the antitrust laws by engaging in horizontal market division and monopolization. The district court granted...

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