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LEASEWAY TRANSP. CORP. v. BUSHNELL

No. 89-2597.

888 F.2d 1212 (1989)

LEASEWAY TRANSPORTATION CORPORATION, Plaintiff-Appellee, v. Mary BUSHNELL, in her official capacity as Chairman, Illinois Commerce Commission, et al., Defendants-Appellants. ILLINOIS COMMERCE COMMISSION, Plaintiff-Appellant, v. LEASEWAY TRANSPORTATION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 8, 1989.

As Amended November 22, 1989.

Attorney(s) appearing for the Case

Richard C. Gering, Eugene J. Kelley, Jr., Richard L. Rosen, Arnstein & Lehr, Chicago, Ill., Peter A. Greene, R. Hale Foote, Thompson, Hine & Flory, Washington, D.C., for plaintiff-appellee.

James E. Weging, John P. Kelliher, Edward P. O'Brien, Asst. Attys. Gen., Myra L. Karegianes, Office of the Atty. Gen., Illinois Commerce Com'n, Chicago, Ill., for plaintiff-appellant and defendant-appellant.

Before CUDAHY, COFFEY and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

In this case Leaseway Transportation Corporation ("Leaseway") seeks a declaratory judgment and a permanent injunction. The Illinois Commerce Commission's original appeal was dismissed for want of jurisdiction because the district court judgment from which the appellants first appealed did not meet the requirements of Federal Rule of Civil Procedure 58, nor did it formally grant (or deny) either form of relief requested by Leaseway. The district...

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