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SECURITY BENEFIT LIFE INS. CO. v. McCARTHY

No. 33243.

4 Ill.2d 194 (1954)

123 N.E.2d 549

SECURITY BENEFIT LIFE INSURANCE COMPANY, Appellee, v. JUSTIN T. McCARTHY, Director of Insurance, et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 18, 1954.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (JOHN L. DAVIDSON, JR., GEORGE W. McGURN, GEORGE W. SCHWANER, and MARK O. ROBERTS, of counsel,) for appellants.

WANLESS, CRAVEN & GIFFIN, of Springfield, and FULTON, FULTON & SHEEN, of Chicago, (J. THOR WANLESS, WILLIAM M. GIFFIN, and JOSEPH F. SHEEN, of counsel,) for appellee; ROBERT H. BRUNSMAN, of Springfield, and JOHN A. RIORDON, of Morrison, for Fidelity Life Association, intervenor.

Decree affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On July 25, 1951, Security Benefit Life Insurance Company, hereinafter called plaintiff, filed suit against the Director of Insurance and the Treasurer of the State of Illinois, hereinafter called defendants, to review an administrative decision and order of the Director of Insurance, and to recover taxes paid under protest by plaintiff. Said...

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