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NATIONAL TRANSPORTATION, INC. v. HOWLETT

No. 61720.

37 Ill. App.3d 249 (1976)

345 N.E.2d 767

NATIONAL TRANSPORTATION, INC., Plaintiff-Appellant, v. MICHAEL J. HOWLETT, Secretary of State, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 29, 1976.

Attorney(s) appearing for the Case

James C. Hardman and Joseph Winter, both of Chicago, for appellant.

William J. Scott, Attorney General, of Chicago (Charles J. Pesek, Assistant Attorney General, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE BURKE delivered the opinion of the court:

Plaintiff, National Transportation, Inc. (National), is a motor carrier which is based in Nebraska and authorized to operate in 40 States, including Illinois. In 1972, National first applied for prorate privileges in Illinois and paid the appropriate fees based on its prospective estimated mileage traveled in Illinois. The Secretary of State of Illinois audited plaintiff's application...

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