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MISS. RIVER FUEL CORP. v. HOFFMAN

No. 33148.

4 Ill.2d 468 (1954)

123 N.E.2d 503

MISSISSIPPI RIVER FUEL CORPORATION, Appellee, v. ELMER J. HOFFMAN, State Treasurer, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 18, 1955.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (JOHN L. DAVIDSON, JR., WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES, M. BROOKS BYUS, ROBERT E. McGLYNN, and RICHARD L. COOPER, of counsel,) for appellants.

KRAMER, CAMPBELL, COSTELLO & WIECHERT, and NORMAN J. GUNDLACH, both of East St. Louis, DOUGHERTY & WHITE, of New York, N.Y., and HENDREN & ANDRAE, of Jefferson City, Mo., for appellee.

Decree affirmed.

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

This is an appeal from a decree of the circuit court of St. Clair County enjoining Elmer J. Hoffman, State Treasurer, and Richard J. Lyons, Director of the Department of Revenue, from paying into the State Treasury moneys collected from the appellee, Mississippi River Fuel Corporation, under the supposed authority of section 2 of the Gas Revenue Tax Act. Ill. Rev. Stat. 1953, chap...

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