CATERPILLAR TRACTOR CO. v. REVENUE DEPT.

No. 38857.

32 Ill.2d 377 (1965)

205 N.E.2d 447

CATERPILLAR TRACTOR CO., Appellant, v. THE DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Illinois.

Opinion filed March 18, 1965.


Attorney(s) appearing for the Case

McDERMOTT, WILL & EMERY, of Chicago, (HAMILTON SMITH and FRANK J. UVENA, of counsel,) for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL and JOHN J. O'TOOLE, Assistant Attorneys General, of counsel,) for appellee.


Judgment affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The question presented is whether there is liability for a tax under the Use Tax Act upon a repeat order from a supplier of special order machinery, where the seller had originally designed and produced a special tool while primarily engaged in a service occupation.

An administrative review proceeding was filed by plaintiff, Caterpillar Tractor Co., in the circuit court of Tazewell...

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