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CITY OF PERU v. ILLINOIS POWER CO.

No. 3-93-0803.

630 N.E.2d 454 (1994)

258 Ill. App.3d 309

196 Ill.Dec. 519

CITY OF PERU, an Illinois Home Rule Municipal Corporation, v. ILLINOIS POWER COMPANY, a Corporation, and Illinois Trucks, Inc., a corporation, Defendants-Appellants (Illinois Municipal Electric Agency, a municipal corporation, Intervenor-Appellee).

Appellate Court of Illinois, Third District.

Rehearing Denied April 15, 1994.

Attorney(s) appearing for the Case

Gary P. Pasek, argued, Illinois Power Co., Decatur, James A. McPhedran, Anthony C. Raccuglia & Associates, Peru, for Illinois Power Co., Illinois Truck Co.

Douglas G. Brown, argued, Troy A. Fodor, Douglas G. Brown, P.C., Springfield, for Illinois Mun. Elec.

Scott J. Ganassin, Douglas J. Schweickert, argued, Schweickert & Ganassin, Peru, for City of Peru.

Justice McCUSKEY delivered the opinion of the court:

The City of Peru (Peru) filed a complaint for injunctive relief against the defendant, Illinois Power Company (Illinois Power). Illinois Power later filed a motion to compel the arbitration of the dispute. The motion was based upon an arbitration provision contained in a power coordination agreement between Illinois Power and the Illinois Municipal Electric Agency (IMEA). The trial court denied the motion to compel...

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