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VILLAGE OF FAIRMONT CITY, ILL. v. UNION ELEC. CO.

No. 98-2121.

167 F.3d 1102 (1999)

VILLAGE OF FAIRMONT CITY, ILLINOIS, St. Clair County, Illinois, a municipal corporation, Plaintiff-Appellant, v. UNION ELECTRIC COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1999.

Rehearing Denied March 8, 1998.

Attorney(s) appearing for the Case

Paul P. Waller, III (argued), Walker & Williams, Belleville, IL, for Plaintiff-Appellant.

Thomas F. Hennessy (argued), III, Thompson & Coburn, Belleville, IL, for Defendant-Appellee.

Before COFFEY, FLAUM, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

A court suspects trouble in a case when each side accuses the other of changing its position "as nimbly as if dancing a quadrille."1 On this point, both sides to this appeal are right. The dispute before us is between a village and its electric power supplier. It concerns the village's effort to collect a franchise fee from the utility. Judge William D. Stiehl entered summary judgment for the company and...

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