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CERRO COPPER PRODUCTS CO. v. COMMERCE COM.

No. 15072.

65 Ill. App.3d 764 (1978)

382 N.E.2d 143

CERRO COPPER PRODUCTS CO. et al., Plaintiffs-Appellants, v. ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellees. — (UNION ELECTRIC COMPANY, Cross-Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION, Cross-Defendant-Appellee.)

Appellate Court of Illinois — Fourth District.

Rehearing denied November 29, 1978.

Attorney(s) appearing for the Case

Randall Robertson, of Lueders, Robertson & Konzen, of Granite City, and John P. Meyer, of Danville, for appellants.

William Jaudes, of Union Electric Company, of St. Louis, Missouri, and Robert Broderick, of Pope and Driemeyer, of Belleville, for appellee Union Electric Company.

William J. Scott, Attorney General, of Chicago (Hercules Bolos and James E. Weging, Assistant Attorneys General, of counsel), for appellee Illinois Commerce Commission.

Reversed and remanded.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

Cerro Copper and other industrial intervenors timely appeal, pursuant to Supreme Court Rule 307 (Ill. Rev. Stat. 1977, ch. 110A, par. 307), the trial court's denial of the intervenors' petition for a stay pending appeal. For the reasons that follow, we reverse and remand with directions.

On March 14, 1977, Union Electric (UE) filed a proposed 17.5% rate increase before the...

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