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LINCOLN NAT. LIFE INS. CO. v. McCARTHY

No. 34136.

10 Ill.2d 489 (1957)

140 N.E.2d 687

THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellant, v. JUSTIN T. McCARTHY, Director of Insurance, et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 19, 1957.

Attorney(s) appearing for the Case

CLYDE J. COVER, of Fort Wayne, Indiana, and GILLESPIE, BURKE & GILLESPIE, of Springfield, (LOUIS F. GILLESPIE, HUGH J. DOBBS, and GEORGE B. GILLESPIE, of counsel,) for appellant.

LATHAM CASTLE, Attorney General, of Springfield, (MARK O. ROBERTS, and JOHN G. SMITH, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE DAVIS delivered the opinion of the court:

Plaintiff, Lincoln National Life Insurance Company, filed its complaint in the circuit court of Sangamon County against defendants to prevent the payment into the treasury of this State, for public use, the sum of $17,857.47 paid by plaintiff under protest, as a privilege tax for the period of July 1, 1953, to June 30, 1954. Upon hearing the trial court held for the defendants and directed...

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