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WESTERN ILL. STONE CO. v. REVENUE DEPT.

No. 39589.

35 Ill.2d 275 (1966)

220 N.E.2d 207

WESTERN ILLINOIS STONE CO., Appellee, v. THE DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Illinois.

Opinion filed September 23, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL, A. ZOLA GROVES, and PHILIP J. ROCK, Assistant Attorneys General, of counsel,) for appellant.

ANDREW KOPP, of Moline, for appellee.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

After an administrative hearing the Department of Revenue decided that certain sales of gravel and crushed stone, made by Western Illinois Stone Company to Adams County, measured a tax under the Retailers Occupation Tax Act. (Ill. Rev. Stat. 1961, chap. 120, pars. 440-453.) In an administrative review action, the circuit court of Rock Island County reversed this determination in...

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