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PEOPLE EX REL. HOLLAND COAL CO. v. ISAACS

No. 36480.

22 Ill.2d 477 (1961)

176 N.E.2d 889

THE PEOPLE ex rel. Holland Coal Company, Appellant, v. THEODORE J. ISAACS, Director of Revenue, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing September 22, 1961.

Attorney(s) appearing for the Case

TURNER, HUNT and DeBOLT, and MANLY K. HUNT, both of Chicago, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, (WILLIAM C. WINES, Assistant Attorney General, of counsel,) for appellee.

KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, of Chicago, for amici curiae, petitioners for rehearing.

Judgment reversed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Holland Coal Company, an Illinois corporation, brought this action against the Director of the Department of Revenue seeking a declaratory judgment that certain exemption provisions of the Retailers' Occupation Tax Act and the Illinois Use Tax Act are unconstitutional and void and requesting the issuance of a writ of mandamus compelling the director to expunge departmental rules...

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