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N.Y., C. & ST. L.R.R. CO. v. HOFFMAN

No. 34464.

13 Ill.2d 580 (1958)

150 N.E.2d 618

THE NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY, Appellee, v. ELMER J. HOFFMAN, State Treasurer, et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 21, 1958.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, and THEODORE G. MAHERAS, of counsel,) for appellants.

WINSTON, STRAWN, SMITH & PATTERSON, of Chicago, and GIFFIN, WINNING, LINDNER & NEWKIRK, of Springfield, (GRIER D. PATTERSON, and DAVID C. KEEGAN, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On July 24, 1956, the New York, Chicago and St. Louis Railroad Company, a domestic corporation, reported to the Secretary of State certain changes in its capital stock structure, together with an increase in stated capital occurring as a result of the change. An additional license fee in the amount of $11,271.65 was charged by the Secretary of State and paid under protest. Within...

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