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KIRWIN v. PEOPLES GAS LIGHT & COKE CO.

No. 86-2394.

173 Ill. App.3d 699 (1988)

528 N.E.2d 201

JOSEPHINE KIRWIN, Indiv. and on behalf of all persons similarly situated, Plaintiff-Appellant, v. THE PEOPLES GAS LIGHT AND COKE COMPANY et al., Defendants (The Illinois Commerce Commission, Intervenor and Defendant-Appellee; The Peoples Gas Light and Coke Company, Defendant-Appellee).

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 3, 1988.

Attorney(s) appearing for the Case

Edward M. Burke and Sidney Z. Karasik, both of Chicago, for appellant.

Peter B. Freeman and Sharon H. Rice, both of Hopkins & Sutter, James Hinchliff and William H. Lopez, and Raymond F. Simon and Joseph A. Spitalli, both of Simon & Spitalli, all of Chicago, for appellee Peoples Gas Light and Coke Company.

Steven G. Revethis, of Chicago, for appellee Illinois Commerce Commission.

Order affirmed.

JUSTICE FREEMAN delivered the opinion of the court:

Plaintiff, Josephine Kirwin, appeals the circuit court of Cook County's dismissal of her amended complaint against defendants, Peoples Gas Light and Coke Company (Peoples Gas) and the City of Chicago (the city). The gravamen of her complaint is that the city has not enforced, and that Peoples Gas is out of compliance with, an ordinance mandating the testing of every gas meter in the city every...

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