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CENTRAL ILL. PUB. SERV. CO. v. ILL. COMMERCE COM'N

No. 5-90-0814.

585 N.E.2d 1302 (1992)

223 Ill. App.3d 718

166 Ill.Dec. 280

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Plaintiff-Appellant, v. ILLINOIS COMMERCE COMMISSION and Wayne-White Counties Electric Cooperative, Inc. Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

January 29, 1992.

Attorney(s) appearing for the Case

Sorling, Northrup, Hanna, Cullen and Cochran, Ltd., Springfield (William S. Hanley and Peggy J. Ryan, of counsel), Conger & Elliot, P.C., Carmi (Ivan A. Elliott, Jr., of counsel), for Central Illinois Public Service Co.

Fyie & Hawkins, Fairfield (Jay H. Fyie, of counsel), Stratton, Dobbs, Nardulli & Lestikow, Springfield (James Lestikow, of counsel), for Wayne-White Counties Elec. Co-op., Inc.

James E. Weging, Sp. Asst. Atty. Gen., Chicago, for Illinois Commerce Com'n.

Randall Rings, Ass'n of Illinois Elec. Cooperatives, Springfield, for amicus curiae Ass'n of Illinois Elec. Cooperatives.

Justice HOWERTON delivered the opinion of the court:

The Electric Supplier Act (Act) (Ill.Rev. Stat.1989, ch. 1112/3, par. 401 et seq.) was enacted July 2, 1965, to deal with territorial and customer service disputes between public utilities and electric cooperatives. The Act encourages electric suppliers to enter into service-area agreements delineating exclusive service areas between themselves. (Ill.Rev.Stat.1989, ch. 1112/3, par. 406.) This case requires...

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