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HUBER PONTIAC, INC. v. WHITLER

Nos. 77-1975, 77-1976.

585 F.2d 817 (1978)

HUBER PONTIAC, INC., a Delaware Corporation, Plaintiff-Appellee, Cross-Appellant, v. Robert M. WHITLER, Individually and as Director of Revenue of the State of Illinois, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 1978.

Opinion released October 27, 1978.

Attorney(s) appearing for the Case

Robert G. Epsteen, Asst. Atty. Gen., Chicago, Ill., for defendant-appellant.

William S. Hanley, Springfield, Ill., for plaintiff-appellee.

Before CUMMINGS and BAUER, Circuit Judges, and SOLOMON, Senior District Judge.

CUMMINGS, Circuit Judge.

This appeal and cross appeal arise from an action brought pursuant to 42 U.S.C. § 1983 by Huber Pontiac, Inc. (Huber) against the Director of the Illinois Department of Revenue (Department). In its complaint Huber alleges that certain aspects of the hearing procedure for assessing an Illinois use tax deficiency violate its due process rights as guaranteed by the Fifth and Fourteenth Amendments. Specifically, Huber faults the Department...

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