MOLINE TOOL CO. v. DEPT. OF REVENUE

No. 31977.

410 Ill. 35 (1951)

101 N.E.2d 71

MOLINE TOOL COMPANY, Appellant, v. THE DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Illinois.

Opinion filed September 21, 1951.


Attorney(s) appearing for the Case

JOSEPH R. ROSBOROUGH, of Moline, for appellant.

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


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The sole question presented in this case is whether or not a proceeding to review a decision of the Department of Revenue denying a taxpayer's claim for refund under the Retailers' Occupation Tax Act is an action against the State of Illinois and hence barred by the constitution.

The question arises in this way. The taxpayer, Moline...

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