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ILLINOIS CEREAL MILLS v. DEPT. OF REVENUE

No. 12959.

37 Ill. App.3d 379 (1976)

346 N.E.2d 69

ILLINOIS CEREAL MILLS, INC., Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 15, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Stephen R. Swofford, Assistant Attorney General, of counsel), for appellant.

Massey, Anderson & Gibson, of Paris (Richard L. James, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE GREEN delivered the opinion of the court:

In April of 1973, defendant, Department of Revenue of the State of Illinois (Department), audited the books of plaintiff, Illinois Cereal Mills, Inc. After the completion of the audit, Department contended that certain taxes were due. At issue here is question of the Department's claim of amounts owed by plaintiff to the Department under the Use Tax Act (Ill. Rev. Stat. 1973, ch. 120...

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