Exelon Generation Company, LLC v. Local 15, International Broth

Filing

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. [6396265-3] [6396265] [11-2423]

Case: 11-2423

Document: 41

Filed: 05/09/2012

Pages: 1

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 9, 2012
Before
MICHAEL S. KANNE, Circuit Judge
DIANE S. SYKES, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 11-2423
EXELON GENERATION COMPANY,
LLC
Plaintiff/Count-Defendant-Appellee,
v.
LOCAL 15, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS, AFL-CIO,
Defendant/Counter-PlaintiffAppellant.

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