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PEOPLE EX REL. CARPENTIER v. WINDY CITY MOTOR SERVICE, INC.

No. 36180.

22 Ill.2d 209 (1961)

174 N.E.2d 839

THE PEOPLE ex rel. CHARLES F. CARPENTIER, Secretary of State, Appellant, v. WINDY CITY MOTOR SERVICE, INC., Appellee.

Supreme Court of Illinois.

Opinion filed May 19, 1961.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (WILLIAM C. WINES, A. ZOLA GROVES, and JACK J. RUBEN, Assistant Attorneys General, of counsel,) for appellant.

D'ANCONA, PFLAUM, WYATT & RISKIND, of Chicago, (EDGAR BERNHARD, MERRILL A. FREED, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The State of Illinois appeals from a judgment of the circuit court of Cook County dismissing its suit against Windy City Motor Service, Inc., for motor vehicle license fees and taxes. The public revenue is involved. The question is whether the proceeding was commenced within two years after dissolution of the corporation as contemplated by section 94 of the Business Corporation...

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