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BUCYRUS-ERIE CO. v. LORENZ

Nos. 37115, 37116 Cons.

26 Ill.2d 183 (1962)

186 N.E.2d 250

BUCYRUS-ERIE COMPANY, Appellee, v. FRANCIS S. LORENZ, State Treasurer, et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 30, 1962.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellants.

JAMES C. CRAVEN, of Springfield, and SCOTT & SEBO, of Canton, for appellee.

Decree and judgment affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

These two appeals, involving the same parties and identical issues relating to the revenue, have been consolidated for the purpose of opinion and pose the question of the incidence of use tax upon a machine built to special order.

Plaintiff, Bucyrus-Erie Company, entered into a contract with the Peabody Coal Company, whereby plaintiff sold to Peabody, for the sum of...

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