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VILLAGE OF ROSELLE v. COM. EDISON CO.

No. 2-06-0294.

859 N.E.2d 1 (2006)

307 Ill.Dec. 1

The VILLAGE OF ROSELLE, Plaintiff-Appellant, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 7, 2006.

Attorney(s) appearing for the Case

James H. Knippen, Adam C. Kruse, Walsh, Knippen, Knight & Pollock, Chtd, Wheaton, for Village of Roselle.

Stephen C. Carlson, Dale E. Thomas, Brian A. McAleenan, Charles K. Schafer, Sidley Austin LLP, Jessica M. Aspen, Exelon Business Services Co./Legal Department, Chicago, for Commonwealth Edison Company.

Presiding Justice GROMETER delivered the opinion of the court:

Plaintiff, the Village of Roselle (Village), filed a two-count complaint against defendant, Commonwealth Edison Company (ComEd), in the circuit court of Du Page County. Count I of the complaint sought an accounting related to an electric tax imposed by the Village. Count II of the complaint purported to state a cause of action for spoliation of evidence. The circuit...

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