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HAGERTY v. GENERAL MOTORS CORP.

No. 46244.

59 Ill.2d 52 (1974)

319 N.E.2d 5

JULIA HAGERTY, Appellee, v. GENERAL MOTORS CORPORATION et al. — (General Motors Corporation, Appellant.)

Supreme Court of Illinois.

Rehearing denied November 27, 1974.

Attorney(s) appearing for the Case

Frank F. Fowle, Thomas D. Nyhan, and Robert C. Bonges, of Chicago (Pope, Ballard, Shepard & Fowle, and Ross L. Malone, of Detroit, Michigan, of counsel), for appellant.

L. Louis Karton, of Chicago, for appellee.

Arnold M. Flamm and Arthur T. Susman, of Chicago (Prins, Flamm & Susman, Ltd., of counsel), for amicus curiae Linda Adams.

McDermott, Will & Emery; Crowley, Barrett & Karaba; Arvey, Hodes, Costello & Burman; and Winston & Strawn, all of Chicago (Hamilton Smith, Edward W. Barrett, Herman Smith and John D. Bixler, of counsel), for amici curiae Jewel Companies, Inc., Osco Drug, Inc., Sears, Roebuck & Co., Dominick's Finer Foods, Inc., Walgreen Co., The Great Atlantic & Pacific Tea Co., and National Tea Co.

Aff'd in pt. and rev'd in pt. and rem.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This case, like many others, involves problems that stem from the relationship between Illinois' basic "sales" tax — the Retailers' Occupation Tax Act — and other taxes designed to protect that basic tax from erosion. The complexity of this portion of the tax structure of the State of Illinois is due in large part to the view of the Constitution of...

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