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THE BURROWS CO. v. HOLLINGSWORTH

No. 32794.

415 Ill. 202 (1953)

112 N.E.2d 706

THE BURROWS COMPANY et al., Appellees, v. M.H. HOLLINGSWORTH, Director of Finance, et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 20, 1953.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES, and RICHARD L. COOPER, of counsel,) for appellants.

MADIGAN & THORSEN, and FRED B. HOVEY, both of Chicago, (ROBERT THORSEN, of counsel,) for appellees.

SIDLEY, AUSTIN, BURGESS & SMITH, WILSON & McILVAINE, and KNAPP, CUSHING, HERSHBERGER & STEVENSON, all of Chicago, (WILLIAM H. AVERY, JR., R. CORWINE STEVENSON, CLARENCE E. FOX, EMERSON T. CHANDLER, and KENT CHANDLER, JR., of counsel,) amici curiae.

Orders affirmed.

Mr. CHIEF JUSTICE SCHAEFER delivered the opinion of the court:

Acting upon its interpretation of our decision in Modern Dairy Co. v. Department of Revenue, 413 Ill. 55, the Department of Revenue has sought to impose the retailers' occupation tax upon sales of tangible personal property by suppliers to persons who retransfer such property in the course of "service occupations." In this case and...

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