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C., I. & W. RAILROAD CO. v. BARRETT

No. 31489.

406 Ill. 499 (1950)

94 N.E.2d 294

CINCINNATI, INDIANAPOLIS AND WESTERN RAILROAD COMPANY, Appellee, v. EDWARD J. BARRETT, Secretary of State, et al., Appellants.

Supreme Court of Illinois.

Opinion filed September 21, 1950.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, JAMES C. MURRAY, and A. ZOLA GROVES, all of Chicago, of counsel,) for appellants.

GRAHAM & GRAHAM, of Springfield, (WILLIAM A. EGGERS, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE GUNN delivered the opinion of the court:

Appellee, Cincinnati, Indianapolis and Western Railroad Company, hereafter called Railroad, filed suit in the circuit court of Sangamon County on July 14, 1944, to enjoin the Secretary of the State of Illinois from turning over to the State Treasurer the sum of $2363.58 plus ten per cent penalty, paid under protest by Railroad to obtain a certificate of authority to transact business...

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