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COLES-MOULTRIE ELEC. COOPERATIVE v. CITY OF SULLIVAN

No. 4-98-0271.

709 N.E.2d 249 (1999)

304 Ill. App.3d 153

237 Ill.Dec. 263

COLES-MOULTRIE ELECTRIC COOPERATIVE, an Illinois Not-for-Profit Corporation, Plaintiff-Appellant, v. The CITY OF SULLIVAN, Illinois, an Illinois Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided March 2, 1999.

Attorney(s) appearing for the Case

William A. Sunderman (argued), Kristin L. Wilson, The Brainard Law Offices, Charleston, for Coles-Moultrie Elec. Co-op.

Troy A. Fodor (argued), Douglas G. Brown, P.C., Springfield, for City of Sullivan.

Justice KNECHT delivered the opinion of the court:

Plaintiff, Coles-Moultrie Electric Cooperative (Co-operative), appeals the dismissal of a September 1997 action brought to enjoin defendant, City of Sullivan (Sullivan), from providing electrical service to specifically described tracts outside its corporate city limits. Plaintiff offered as a bar to the city's attempt to service these areas a June 1992 written agreement (Agreement) that was intended to settle disputed...

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