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SPILLANE v. COMMONWEALTH EDISON CO.

No. 03 C 1989.

291 F.Supp.2d 728 (2003)

John SPILLANE, Karri Spillane, Scott Rutledge, and Cherilyn Rutledge, individuals Plaintiffs v. COMMONWEALTH EDISON COMPANY, a corporation; and Northern Illinois Gas Company d/b/a Nicor Gas Company, a corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

October 31, 2003.

Attorney(s) appearing for the Case

Robert A. Holstein, Holstein Law Offices LLC, Joseph Gerard Homsy, Barbara Burnett Guibord, Douglas W. Michaud, Fognani, Guibord Homsey & Roberts, Thomas A. Zimmerman, Jr., Zimmerman and Associates, Chicago, IL, for Plaintiffs.

Jeffrey D. Colman, Gabrielle Sigel, Jennifer A. Burke, Jenner & Block, LLC, John C. Berghoff, Jr., Mark R. Ter Molen, Susan Charles, Mayer, Brown, Rowe & Maw LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

GUZMAN, District Judge.

Plaintiffs, John and Karri Spillane and Scott and Cherilyn Rutledge, have brought suit alleging violation of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901-6987 (2003), against defendants Commonwealth Edison Company and Northern Illinois Gas Company. Defendants move to dismiss plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(1), urging the Court to abstain from...

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