ALLSTATE ENTERPRISES STOCK FUND, INC. v. LEWIS

No. 13020.

36 Ill. App.3d 154 (1976)

343 N.E.2d 198

ALLSTATE ENTERPRISES STOCK FUND, INC., Plaintiff-Appellee, v. JOHN W. LEWIS, Secretary of State, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 24, 1976.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Ann Plunkett Sheldon, Assistant Attorney General, of counsel), for appellants.

Hopkins, Sutter, Mulroy, Davis and Cromartie, of Chicago, and Barber & Barber, of Springfield (Jeremiah Marsh, Frank P. Vanderploeg, William A. Cromartie, and Alton G. Hall, of counsel), for appellee.


Judgment reversed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Allstate Enterprises Stock Fund, Inc., a foreign corporation, filed suit against the defendants to recover $268,083.96 paid under protest for additional franchise taxes, license fees and penalties for 1970. The suit involved questions of interpretation of the sections of the Illinois Business Corporation Act which imposed the fees and taxes. The trial court found that the Secretary...

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