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STATE OF ILL. EX REL. BURRIS v. PANHANDLE EASTERN PIPE LINE CO.

No. 90-1231.

935 F.2d 1469 (1991)

STATE OF ILLINOIS, ex rel. Roland W. BURRIS, Attorney General of the State of Illinois, in its proprietary capacity, in its parens patriae capacity, and in its representative capacity, Plaintiff-Appellant, v. PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 4, 1991.

Rehearing and Rehearing Denied September 9, 1991.

Attorney(s) appearing for the Case

John W. McCaffrey, Asst. Atty. Gen., Raymond J. Smith (argued), Edward J. Burke, Mary P. Burns, Burke, Smith & Williams, Clyde Kurlander, Illinois Commerce Comm'n, William C. Holmes, Freeborn & Peters, Chicago, Ill., David M. Lynch, Peoria, Ill., for plaintiff-appellant.

Paul H. LaRue (argued), Juris Kins, Andrew M. Gardner, and Mark D. Chapleau, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., John A. Sieger, Christopher A. Helms, Irwin A. Bain, Eastern Pipe Line Co., Houston, Tex., for defendant-appellee.

Before FLAUM, RIPPLE and KANNE, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 9, 1991.

FLAUM, Circuit Judge.

The state of Illinois brought this antitrust suit on its own behalf and on behalf of a class of residential and commercial consumers of natural gas in central Illinois. The state alleges that the Panhandle Eastern Pipe Line Company violated federal and state antitrust laws in the early 1980s by refusing to transport natural gas purchased

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