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VILLAGE OF DEERFIELD v. COMMONWEALTH EDISON

No. 2-08-0917.

929 N.E.2d 1 (2009)

399 Ill. App.3d 84

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

Appellate Court of Illinois, Second District.

Supplemental Opinion Upon Denial of Rehearing March 30, 2010.

Attorney(s) appearing for the Case

Peter D. Coblentz, Rosenthal, Murphey, Coblentz & Donahue, Norman T. Finkel, Richard M. Goldwasser, Schoenberg, Finkel, Newman & Rosenberg, LLC, Chicago, IL, for Village of Deerfield.

Barry Levenstam, Gabriel A. Fuentes, Erinn L. Wehrman, Jenner & Block LLP, Chicago, IL, for Commonwealth Edison Co.

Justice HUDSON delivered the opinion of the court:

Plaintiff, the Village of Deerfield, appeals an order of the circuit court of Lake County dismissing its three-count complaint against defendant, Commonwealth Edison Company (ComEd). Plaintiff asserts that the trial court erred in dismissing the first and third counts of its complaint, and it abandons count II. Count I, which it titled "Breach of Contract," alleges that chronic electrical outages occurred within the...

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