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JONES v. DEPT. OF REVENUE

No. 77-315.

60 Ill. App.3d 886 (1978)

377 N.E.2d 202

JAMES JONES, d/b/a Bailey & Jones Scavenger Service, Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE et al., Defendants-Appellants.

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

Opinion filed May 19, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Imelda R. Terrazino, Assistant Attorney General, of counsel), for appellants.

Curtis Heaston, of Chicago, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Defendants appeal from a judgment in a class action ordering a refund of the Illinois use tax (use tax) and the municipal retailers' occupation tax (occupation tax) attributable to that portion of the Federal gasoline tax which is refunded by reason of the fuel being consumed for off-highway use.

It appears that a purchaser of gasoline in Illinois pays the following...

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