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I. ERLICHMAN CO. v. COMMERCE COM.

No. 79-935.

92 Ill. App.3d 1091 (1981)

416 N.E.2d 721

I. ERLICHMAN CO., INC., Appellant, v. ILLINOIS COMMERCE COMMISSION et al., Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied March 6, 1981.

Attorney(s) appearing for the Case

Randall W. Moon, of O'Hern, Wombacher & Moon, of Peoria, for appellant.

Anne E. Valle and Stuart F. Gassner, both of Chicago and North Western Transportation Company, of Chicago (James E. Weging and Hercules F. Bolos, Special Assistant Attorneys General, of counsel), for appellees.

Judgment reversed.

Mr. JUSTICE BARRY delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of Peoria County affirming on administrative review the dismissal of appellant's complaint before the Illinois Commerce Commission (ICC) against the Chicago and North Western Transportation Company (C&NW) and the Illinois Department of Transportation (IDOT) requesting that the ICC prohibit removal of a spur railroad track serving...

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