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SOYLAND POWER COOPERATIVE v. ILLINOIS POWER CO.

No. 4-90-0713.

572 N.E.2d 462 (1991)

213 Ill. App.3d 916

157 Ill.Dec. 393

SOYLAND POWER COOPERATIVE, Plaintiff and Counterdefendant-Appellee, v. ILLINOIS POWER COMPANY, Defendant and Counterplaintiff-Appellee (Lewis Powell, Francis White and John Glidden, Intervenors-Appellants).

Appellate Court of Illinois, Fourth District.

Rehearing Denied June 20, 1991.

Attorney(s) appearing for the Case

James C. Craven, Thomas F. Londrigan, Gordon W. Gates, Londrigan, Potter & Randle, P.C., Springfield, intervenors-appellants.

A. James Shafter, James E. Peckert, Kehart, Shafter, Hughes & Webber, P.C., Decatur, Thomas E. Wack, Peter W. Herzog, III, Bryan, Cave, McPheters & McRoberts, St. Louis, Mo., for Soyland Power Co-op.

Allan Horwich, Edward J. Finn, Yvonne E. Mena, Schiff, Hardin & Waite, Chicago, Edward J. Cunningham, Brown, Hay & Stephens, Springfield, for Illinois Power Co.

Justice STEIGMANN delivered the opinion of the court:

In September 1986, this lawsuit began as a double derivative action by members of 22 electric distribution cooperatives (Powell) against Illinois Power, resulting from the failure or delay of Western Illinois Power Cooperative, Inc. (WIPCO) (a generation cooperative), and Soyland Power Cooperative, Inc. (Soyland) (a transmission cooperative), to sue Illinois Power for alleged wrongdoing in its construction of the...

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