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IN RE RESOURCE TECHNOLOGY CORP.

No. 11-1633.

721 F.3d 796 (2013)

In re RESOURCE TECHNOLOGY CORP., Debtor. State of Illinois, Claimant-Appellant, v. Chiplease, Inc., Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2013.

Attorney(s) appearing for the Case

Alex Pirogovsky , Attorney, Pirogovsky Fremderman, Northbrook, IL, for Debtor.

Richard S. Huszagh (argued), Attorney, Office of the Attorney General, Chicago, IL, for Appellant.

Louis D. Bernstein (argued), Attorney, Bernstein Law Firm, Chicago, IL, for Appellee.

George P. Apostolides , Attorney, Arnstein & Lehr LLP, Chicago, IL, for Trustee.

Before POSNER, WOOD, and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

In 1987 the Illinois General Assembly enacted a program under which funds were made available to subsidize the development of certain power-generating facilities. The Public Utilities Act, 220 ILCS § 5/8-403.1 (the Act), required subsidized facilities to repay these monies (which in substance were loans) as soon as they retired all of the capital costs or indebtedness incurred to develop the facility. In June 2006, the Act was amended to...

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