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PEOPLE EX REL. MADIGAN v. PSI ENERGY, INC.

No. 5-04-0602.

847 N.E.2d 514 (2006)

364 Ill. App.3d 1041

301 Ill.Dec. 504

The PEOPLE ex rel. Lisa MADIGAN, Attorney General of the State of Illinois, and ex rel. Terry Kaid, Wabash County State's Attorney, Plaintiffs-Appellees, v. PSI ENERGY, INC., Defendant-Appellant (Cinergy Power Generation Services, LLC, Defendant).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted March 28, 2006.

Opinion Filed March 28, 2006.

Attorney(s) appearing for the Case

Robert M. Olian, Byron F. Taylor, Emily A. Springston, Sidley Austin, LLP, Chicago, for Appellant.

Lisa Madigan, Attorney General, State of Illinois, Gary Feinerman, Solicitor General, Mary E. Welsh, Assistant Attorney General, Chicago, for Appellees.

Justice DONOVAN delivered the opinion of the court:

Defendant PSI Energy, Inc. (PSI), appeals from the preliminary injunction entered by the circuit court of Wabash County enjoining PSI from operating certain pollution-control equipment at its Gibson Power Generating Station (Gibson Station) in Owensville, Indiana, except in accordance with the terms of the injunction. PSI also appeals the denial of its motion to dismiss...

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