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MILLER v. CLARK

No. 74-330.

37 Ill. App.3d 29 (1976)

344 N.E.2d 698

ALFRED O. MILLER et al., Plaintiffs-Appellees, v. JAMES H. CLARK, Treasurer and Collector of Du Page County, et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (2nd Division).

Rehearing denied April 21, 1976.

Attorney(s) appearing for the Case

John J. Bowman, State's Attorney, of Wheaton (Robert D. McLaren, Assistant State's Attorney, of counsel), for appellants.

James B. Sloan and Paul J. Richter, both of Sloan and Bragiel, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

The plaintiffs, certain taxpayers in Du Page County, brought a class action to recover personal property taxes paid under protest. The defendant, James H. Clark, Du Page County Treasurer, appeals from the ruling of the circuit court in that case allowing the plaintiffs interest on the refunds due to the taxpayers after the personal property taxes in question were held to be invalid...

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