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HARRISON STEEL CO., INC. v. ROSENQUIST

Gen. Nos. 47,350, 47,351.

18 Ill. App.2d 16 (1958)

151 N.E.2d 462

Harrison Sheet Steel Co., Inc., Plaintiff-Appellee, v. Paul C. Rosenquist, Director of Revenue of Illinois; Richard Y. Rowe, Treasurer of Illinois; and George F. Barrett, Attorney General of Illinois, Defendants-Appellees. Samuel Parey, Plaintiff-Appellant, v. Harrison Sheet Steel Company, Inc.; Richard J. Lyons, Director of Illinois Revenue Department; Warren E. Wright, State Treasurer of Illinois; and Latham Castle, Attorney General of Illinois, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearings denied June 5, 1958.

Released for publication July 18, 1958.

Attorney(s) appearing for the Case

John D. Vosnos, of Chicago, for Samuel Parey, appellant.

Leonard H. Lawrence, of Chicago, for defendant-appellee.

Latham Castle, Attorney General of State of Illinois (William C. Wines, Raymond S. Sarnow, and A. Zola Groves, Assistant Attorneys General, of counsel) for State Officials.

PRESIDING JUSTICE BURKE delivered the opinion of the court.

Harrison Sheet Steel Company, a corporation engaged in the business of fabricating base cabinets, cabinet sinks, wall cabinets and radiator enclosures (hereinafter called the defendant) having paid the Illinois Retailers' Occupation Tax under protest, and having secured a timely injunction restraining the payment of that fund by the Director of Revenue into the general revenues of the state, obtained a decree...

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