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ALLIANCE FOR CLEAN COAL v. MILLER

No. 94-1369.

44 F.3d 591 (1995)

ALLIANCE FOR CLEAN COAL, a Virginia not-for-profit corporation, Plaintiff-Appellee, v. Dan MILLER, Richard Kolhauser, William M. Dickson, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1995.

Attorney(s) appearing for the Case

R.R. McMahan (argued), Gerald O. Sweeney, Jr., Damon N. Vocke, Lord, Bissell & Brook, Chicago, IL, for Alliance for Clean Coal.

Rosalyn B. Kaplan, Chicago, IL (argued), for Ellen C. Craig, Terrence L. Barnich, William M. Dickson, Ruth K. Kretschmer, Lynn M. Shishido-Topel, David S. Williams.

Rosalyn B. Kaplan, Asst. Atty. Gen., Gail E. Mrozowski, Barbara J. Hillman, Michael H. Holland, Cornfield & Feldman, Chicago, IL, Edgar N. James, Holly B. Fechner, Guerrieri, Edmond & James, Washington, DC, for Karl A. McDermott.

Arend J. Abel, Pamela Carter, Asst. Atty. Gen., Myra P. Spicker, Office of Atty. Gen., Indianapolis, IN, for State of Indiana, amicus curiae.

Joseph B. Meyer, Mary B. Guthrie, Office of Atty. Gen., Cheyenne, WY, for State of Wyoming, amicus curiae.

Joseph P. Mazurek, Clay R. Smith, Office of Atty. Gen., Helena, MT, for State of Montana, amicus curiae.

Before CUMMINGS, CUDAHY and RIPPLE, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff Alliance for Clean Coal ("Alliance") is a Virginia trade association whose members include Colorado and Oregon coal companies and three railroads that transport coal. The defendants are the chairman and six commissioners of the Illinois Commerce Commission in charge of the administration and enforcement of the Illinois Public Utilities Act.

BACKGROUND

Coal has long been and continues to be the most important source...

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