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FLYNN v. MAHIN

No. 11450.

1 Ill. App.3d 51 (1971)

272 N.E.2d 381

CLAUDE J. FLYNN, Plaintiff-Appellee, v. GEORGE E. MAHIN, Director of Revenue, et al., Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied August 31, 1971.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, (James M. Winning, special assistant Attorney General, of counsel,) for appellant.

Kleiman, Cornfield & Feldman, of Chicago, (Gilbert Feldman of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE WEBBER delivered the opinion of the court:

The plaintiff filed an action for declaratory judgment in the circuit court of Sangamon County. The defendant Director of Revenue answered and both parties filed motions for summary judgment. No evidentiary hearing was held, it having been stipulated that there was no dispute as to the facts raised by the pleadings. The circuit court considered briefs and arguments and allowed the...

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