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ADLER v. COMMERCE COM.

No. 76-961.

52 Ill. App.3d 167 (1977)

367 N.E.2d 402

MARILYN ADLER et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION et al., Defendants. — (ILLINOIS BELL TELEPHONE COMPANY et al., Defendants-Appellants.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed August 26, 1977.

Attorney(s) appearing for the Case

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale and Edmund Hatfield, Assistant Corporation Counsel, of counsel), for appellants City of Chicago officials.

James R. Bryant, Jr., of Chicago, for appellant Illinois Bell Telephone Company.

Max & Herman Chill, P.C., of Chicago (Max Chill, Herman Chill, and Donald B. Garvey, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiffs filed this action on behalf of themselves and all others similarly situated, alleging that the Chicago message tax (Chicago Municipal Code, ch. 132, § 132-30 et seq.) is improperly being collected on credit card and collect calls originating outside the city limits. Defendants brought motions to dismiss which the trial court originally...

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