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POWELL v. WESTERN ILLINOIS ELEC. COOP.

No. 4-88-0355.

180 Ill. App.3d 581 (1989)

536 N.E.2d 231

LEWIS POWELL, Indiv. and as member of Menard Electric Cooperative, et al., Plaintiffs-Appellants, v. WESTERN ILLINOIS ELECTRIC COOPERATIVE et al., Defendants-Appellees (Illinois Power Company, Inc., Defendant).

Appellate Court of Illinois — Fourth District.

Rehearing denied April 17, 1989.

Attorney(s) appearing for the Case

James C. Craven, of James C. Craven, P.C., and Thomas F. Londrigan and Gordon W. Gates, both of Londrigan, Potter & Randle, P.C., both of Springfield, for appellants.

Thomas E. Wack, Deborah Bell Yates, and Peter W. Herzog, all of Bryan, Cave, McPheeters & McRoberts, of St. Louis, Missouri, for appellees.

Judgment affirmed.

JUSTICE LUND delivered the opinion of the court:

On September 22, 1986, plaintiffs Lewis Powell and others filed a derivative action against nominal defendants Western Illinois Power Cooperative (WIPCO) and Soyland Power Cooperative, Inc. (Soyland), and real defendant Illinois Power Company, Inc. (IP). The derivative action resulted from the failure or delay of WIPCO and Soyland to bring action against IP for alleged wrongdoing by IP in...

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