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PEOPLE EX REL. HARTIGAN v. COMMERCE COM'N

Nos. 1-89-3477, 1-90-0198.

611 N.E.2d 1321 (1993)

243 Ill. App.3d 544

183 Ill.Dec. 673

The PEOPLE of the State of Illinois ex rel. Neil F. HARTIGAN, Attorney General, et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellees (Rose Edelson et al., individually and as representatives of a class of persons similarly situated, Petitioners-Intervenors-Appellants). Rose EDELSON et al., individually and as representatives of a class of persons similarly situated, Plaintiffs-Appellants, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

March 11, 1993.

Attorney(s) appearing for the Case

Aaron S. Wolff, Arnold M. Flamm of Orlikoff and Flamm, Arthur T. Susman, Jeffery H. Fradkin of Susman, Saunders & Buehler, Chicago, for petitioners-intervenors-appellants.

Kelly R. Welsh, Corp. Counsel of City of Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Jean Dobrer, Asst. Corp. Counsel, of counsel), for plaintiff-appellee City of Chicago.

Kevin M. Forde, Mary Anne Mason of Kevin M. Forde, Ltd., Howard J. Trienens, Michael I. Miller of Sidley & Austin, Chicago, for defendant-appellee Commonwealth Edison Co.

Presiding Justice JIGANTI delivered the opinion of the court:

The plaintiffs, Rose Edelson and Sheldon Kamin (Edelson), sought leave to intervene in a pending rate case against Commonwealth Edison (Edison). Edelson also brought a class action suit which sought to compel Edison to institute tax refund procedures against the State and certain municipalities for utility and franchise taxes which were imposed and collected upon electricity charges subsequently found by...

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