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LEVY v. J.C. PENNEY CO.

No. 61831.

38 Ill. App.3d 131 (1976)

347 N.E.2d 222

STEPHEN LEVY, Plaintiff-Appellant, v. J.C. PENNEY COMPANY, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed April 28, 1976.

Attorney(s) appearing for the Case

Alvin R. Becker, of Chicago, for appellant.

Keith F. Bode, Richard T. Franch, and Ronald R. Peterson, all of Chicago (Jenner & Block, of counsel), for appellee.

Reversed in part and affirmed in part.

Mr. JUSTICE ADESKO delivered the opinion of the court:

Plaintiff filed his complaint individually and as a class action alleging that defendant collected a Service Occupation Tax (Ill. Rev. Stat. 1971, ch. 120, par. 439.101 et seq.) based upon the retail price rather than the cost price of repair parts as provided for by law. The trial court entered an order denying plaintiff's motion for a determination that this...

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