PENNINGTON v. ZIONSOLUTIONS LLC

No. 13-2878.

742 F.3d 715 (2014)

David W. PENNINGTON, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ZIONSOLUTIONS LLC and Bank of New York Mellon, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 2014.

Rehearing and Rehearing En Banc Denied February 28, 2014.


Attorney(s) appearing for the Case

Daniel J. Sponseller , Attorney, Law Office of Daniel J. Sponseller, Sewickley, PA, for Plaintiff-Appellant.

Scott T. Schutte , Attorney, Morgan, Lewis & Bockius LLP, Chicago, IL, for Defendant-Appellee.

Before WOOD, Chief Judge, and POSNER and KANNE, Circuit Judges.


POSNER, Circuit Judge.

This is a class action suit on behalf of purported beneficiaries of a "decommissioning trust" (actually four such trusts, but that's an immaterial detail, so we'll ignore it and pretend they're one) created by Commonwealth Edison, the large electrical utility, to fund the decommissioning of its now-shuttered nuclear power plant in Zion, Illinois. Jurisdiction is based on diversity of citizenship and the applicable substantive law is Illinois...

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