PEOPLE EX REL. ILLINOIS COMMERCE COMM. v. OPERATOR COMMUNICATION, INC.

No. 1-95-1151.

666 N.E.2d 830 (1996)

281 Ill. App.3d 297

217 Ill.Dec. 161

The PEOPLE EX REL. ILLINOIS COMMERCE COMMISSION, Plaintiff-Appellant, v. OPERATOR COMMUNICATION, INC., d/b/a Oncor Communications, Inc., Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 6, 1996.


Attorney(s) appearing for the Case

James E. Weging, Special Assistant Attorney General, of Illinois Commerce Commission, Chicago, for Appellant.

James R. Figliulo, Carl A. Gigante, and Peter A. Silverman, of Foran & Schultz, Chicago, for Appellee.


Justice CAHILL delivered the opinion of the court:

This appeal is addressed, not to the merits of the litigation, but to the question of where it must begin. We consider under what circumstances the Illinois Commerce Commission may seek an injunction under section 4-202 of the Public Utilities Act without first affording a public utility a hearing before the Commission. We agree with the trial court's conclusion that a hearing was required in this case, and we affirm...

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