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CHICAGO & ILL. MIDLAND RY. v. DEPT. OF REVENUE

No. 77-1800.

66 Ill. App.3d 397 (1978)

384 N.E.2d 32

CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY, Plaintiff-Appellant, v. THE DEPARTMENT OF REVENUE et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied November 22, 1978.

Attorney(s) appearing for the Case

Isham, Lincoln & Beale, of Chicago (Philip F. Purcell and Clark Evans Downs, of counsel), for appellant.

William J. Scott, Attorney General, of Chicago (George H. Klumpner, Assistant Attorney General, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Chicago & Illinois Midland Railway Company (plaintiff) brought suit against the Department of Revenue of the State of Illinois (Department), Robert H. Allphin, as Director of Revenue of the State of Illinois, and Alan J. Dixon, as Treasurer of the State of Illinois (defendants), to enjoin them from paying into the State treasury $92,746.03 paid by plaintiff under protest as use...

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