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HAGERTY v. GENERAL MOTORS CORP.

No. 57817.

14 Ill. App.3d 33 (1973)

302 N.E.2d 678

JULIA HAGERTY, Plaintiff-Appellant, Cross-Appellee, v. GENERAL MOTORS CORPORATION, Defendant-Appellee, Cross-Appellant — (GEORGE MAHIN, Director of Revenue, et al., Defendants-Appellees.)

Appellate Court of Illinois — First District (2nd Division).

Supplemental opinion upon denial of rehearing filed September 18, 1973.

Attorney(s) appearing for the Case

Frank F. Fowle and Robert C. Bonges, both of Chicago, (Pope, Ballard, Shepard & Fowle, of counsel,) for appellant.

L. Louis Karton, of Chicago, for appellee General Motors Corp.

Reversed and remanded.

Mr. PRESIDING JUSTICE STAMOS delivered the opinion of the court:

Plaintiff filed this suit as a class action alleging that defendant wrongfully charged a tax pursuant to the Retailers' Occupation Tax Act1 when the tax should have been charged in accordance with the Service Occupation Tax Act.2 The trial court entered judgment in favor of plaintiff individually, but ordered the...

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