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ILLINOIS POWER CO. v. MAHIN

No. 13456.

49 Ill. App.3d 713 (1977)

364 N.E.2d 597

ILLINOIS POWER COMPANY, Plaintiff-Appellee, v. GEORGE H. MAHIN, Director of the Department of Revenue, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed June 13, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Bonny Sutker Barezky, Assistant Attorney General, of counsel), for appellants.

William T. Hart and Christopher B. Nelson, both of Schiff, Hardin & Waite, of Chicago, and Nicholas J. Neiers, of Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, for appellee.

James H. Eddleman, of Springfield, amicus curiae.

Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Here is a question of statutory construction.

Illinois Power, a utility company, was notified by the Department of Revenue that additional taxes for the period July 1969 through May 1972, in the amount of $235,406.61, were owed. These were then paid under protest pursuant to statute (Ill. Rev. Stat. 1973, ch. 7, pars. 170 through 172a), and the utility thereafter instituted...

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