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ADAMS v. JEWEL COMPANIES, INC.

Nos. 47824, 47928.

63 Ill.2d 336 (1976)

348 N.E.2d 161

LINDA ADAMS, Appellant, v. JEWEL COMPANIES, INC., et al., Appellees. — PHYLLIS SUSMAN, Appellant, v. DOMINICK'S FINER FOODS, INC., et al., Appellees. — PHYLLIS SUSMAN, Appellant and Cross-Appellee, v. WALGREEN COMPANY et al., Appellees (Walgreen Company, Cross-Appellant).

Supreme Court of Illinois.

Opinion filed March 29, 1976.

Attorney(s) appearing for the Case

Prins, Flamm & Susman, Ltd., of Chicago (Arnold M. Flamm, Arthur T. Susman, and Robert D. Allison, of counsel), for appellants.

McDermott, Will & Emery, of Chicago (Hamilton Smith and Edward V. Washington, Jr., of counsel), for appellees Jewel Companies, Inc. and Osco Drug, Inc.

Crowley, Barrett & Karaba, of Chicago (Edward W. Barrett and Bruce M. Friedman, of counsel), for appellee Dominick's Finer Foods, Inc.

Arvey, Hodes, Costello & Burman, of Chicago (Herman Smith, of counsel), for appellee and cross-appellant Walgreen Co.

William J. Scott, Attorney General, of Chicago (Paul J. Bargiel and Imelda R. Terrazino, Assistant Attorneys General, of counsel), for appellees the Department of Revenue et al.

Affirmed and remanded. Rev'd in pt. & vac. in pt. & rem.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

We granted direct appeal pursuant to Supreme Court Rule 302(b) from three judgments of the circuit court of Cook County. These consolidated appeals involve questions pertaining to a consumer's right to proceed against a retailer for an overcharge in taxes remitted by the retailer to the Department of Revenue (hereinafter Department),...

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