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L.S. HEATH & SONS, INC. v. MARATHON OIL

No. 77-211.

56 Ill. App.3d 440 (1977)

371 N.E.2d 1139

L.S. HEATH AND SONS, INC., Petitioner-Appellant, v. MARATHON OIL COMPANY, Respondent-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed December 29, 1977.

Attorney(s) appearing for the Case

Sorling, Northrup, Hanna, Cullen and Cochran, Ltd., of Springfield (R. Gerald Barris, of counsel), for appellant.

Randall Robertson, of Lueders, Robertson & Konzen, of Granite City, and Delvin C. Menge, of Marathon Oil Company, of Robinson, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE EBERSPACHER delivered the opinion of the court:

This is an appeal by L.S. Heath & Sons, Inc. (Heath), from a final order entered by the circuit court of Crawford County denying Heath's petition to intervene in an appeal by Marathon Oil Co. (Marathon) from an order of the Illinois Commerce Commission (Commission). Heath raises three issues on review: (1) whether it was automatically a party to the appeal of the...

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