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CENTRAL ILLINOIS PUBLIC SERVICE COMPANY v. ALLIANZ UNDERWRITERS INSURANCE COMPANY

Nos. 73731, 73732.

633 N.E.2d 675 (1994)

158 Ill.2d 218

198 Ill.Dec. 834

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Appellee, v. ALLIANZ UNDERWRITERS INSURANCE COMPANY et al. (International Surplus Lines Insurance Company et al., Appellants).

Supreme Court of Illinois.

As Modified March 28, 1994.

Attorney(s) appearing for the Case

John G. Campbell, Richard J. Geddes and Michael C. Cook, McCullough, Campbell & Lane, Chicago, for appellant International Surplus Lines Insurance Co.

Skadden, Arps, Slate, Meagher & Flom, Chicago (Timothy G. Reynolds, Scott M. Seaman and Susan L. Oliff, of counsel), for appellant General Reinsurance Corp.

Margaret J. Orbon and Mark J. Seplak, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, and Paul R. Koepff and Joseph E. Boury, Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for appellant California Union Insurance Co.

Eugene R. Anderson and Lester O. Brown, Anderson, Kill, Olick & Oshinsky, Palo Alto, CA, Stephen R. Kaufmann and Thomas H. Wilson, Sorting, Northrup, Hanna, Cullen &

Cochran, Springfield, and Kevin M. Forde and Mary Anne Mason, Kevin M. Forde, Ltd., Chicago, for appellee.

Justice HEIPLE delivered the opinion of the court:

Defendants are insurance companies who filed this interlocutory appeal following the trial court's determination that a series of facts found by a jury in an earlier phase of this complex litigation could not be relitigated. For the reasons that follow, we reverse.

BACKGROUND FACTS

Central Illinois Public Service Company (CIPS) is a public utility corporation which provides electric and gas services...

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