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ILL. COMMERCIAL TEL. CO. v. SMOTHERS

No. 32091.

411 Ill. 67 (1951)

103 N.E.2d 69

ILLINOIS COMMERCIAL TELEPHONE COMPANY, Appellant, v. CLARENCE SMOTHERS, County Treasurer, Appellee.

Supreme Court of Illinois.

Rehearing denied January 21, 1952.

Attorney(s) appearing for the Case

HILL, MOORE & HILL, of Benton, and STEVENS & HERNDON, of Springfield, (ELMER NAFZIGER, of counsel,) for appellant.

JOSEPH W. HICKMAN, State's Attorney, of Benton, and FRANK E. TROBAUGH, of West Frankfort, (STEPHEN E. BRONDOS, of West Frankfort, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE FULTON delivered the opinion of the court:

This is an appeal from an order of the county court of Franklin County dismissing a petition of the Illinois Commercial Telephone Company, hereinafter referred to as plaintiff, for the return of personal property taxes for 1947 paid under protest. The issue arose on an amended motion to dismiss the petition, filed by Clarence Smothers, the county...

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