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BIG SKY EXCAVATING v. BELL TELEPHONE CO.

No. 99380.

840 N.E.2d 1174 (2005)

217 Ill.2d 221

298 Ill.Dec. 739

BIG SKY EXCAVATING, INC., et al., Appellees, v. ILLINOIS BELL TELEPHONE COMPANY et al., Appellants.

Supreme Court of Illinois.

December 1, 2005.

Attorney(s) appearing for the Case

Lance Callis, John Papa, of Callis, Papa, Jackstadt, Szewczyk, Rongey & Danzinger, P.C., Granite City, and Michele Odorizzi, Robert M. Dow, Jr., of Mayer, Brown, Rowe & Maw, L.L.P., Chicago, for appellants.

Terrence V. O'Leary, of Bosslet & O'Leary, Granite City, Glenn E. Bradford, of Barberis & Bradford, Edwardsville, and Thomas F. Londrigan, of Londrigan, Potter & Randle, and Mary Lee Leahy, Springfield, for appellees.

Jay Stewart, Chicago, for amicus curiae Better Government Association.

Justice KARMEIER delivered the opinion of the court:

Plaintiffs brought an action in the circuit court of Madison County challenging the constitutionality of section 13-502.5 of the Public Utilities Act (220 ILCS 5/13-502.5 (West 2002)), which abated proceedings then pending before the Illinois Commerce Commission and mandated that $90 million be refunded to certain customers of telecommunication services. On plaintiffs' motion for summary judgment, the circuit court...

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