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DEPT. OF REV. v. DOWNSTATE COAL CO.

No. 34240.

11 Ill.2d 317 (1957)

143 N.E.2d 247

THE DEPARTMENT OF REVENUE, Appellant, v. DOWNSTATE COAL COMPANY, INC., et al., Appellee.

Supreme Court of Illinois.

Opinion filed May 23, 1957.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (MARK O. ROBERTS, and M. BROOKS BYUS, of counsel,) for appellant.

DAVID A. WARFORD, of Marion, for appellees.

Reversed, with judgment here.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

The Department of Revenue appeals directly to this court from a judgment of the circuit court of Williamson County in favor of the defendants in the Department's suit for recovery of retailers' occupation tax allegedly due.

Inasmuch as the revenue of the State of Illinois is involved, the case is properly appealed directly to this court.

On August 15, 1952...

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