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Exelon Generation Company, LLC v. Local 15

May 9, 2012

EXELON GENERATION COMPANY, LLC PLAINTIFF/COUNT-DEFENDANT-APPELLEE,
v.
LOCAL 15, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, DEFENDANT/COUNTER-PLAINTIFF-APPELLANT.



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:10-cv-4846 Robert G. Gettleman, Judge.

Chicago, Illinois 60604

Before MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge

ORDER

The panel opinion issued on March 29, 2012 is hereby AMENDED as follows: Footnote 3 on page 12 is hereby amended by deleting the original text and substituting the following text:

3/ During oral argument, Exelon embraced this view, but it conflicts with the Commission's clear position that, in a case of a mistaken access denial, "an aggrieved individual could commence an action in a State or a Federal court." 56 Fed. Reg. 18997, 19002 (1991).

In Footnote 6, the final citation sentence is amended to read: Id.; see also note 5, supra.

20120509

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