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UNITED AIR LINES, INC. v. MAHIN

No. 78-320.

79 Ill. App.3d 1004 (1979)

398 N.E.2d 1064

UNITED AIR LINES, INC., Plaintiff-Appellant, v. GEORGE H. MAHIN, Director of the Department of Revenue, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 27, 1979.

Attorney(s) appearing for the Case

Joseph T. Kane, Michael A. Katz, and Paul M. Tschirhart, all of Chicago (Philip J. Hogan and J. Richard Street, of counsel), for appellant.

William J. Scott, Attorney General, of Chicago (Paul J. Bargiel and Joseph D. Keenan, III, Assistant Attorneys General, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

This controversy has its origins in a 1963 action brought by plaintiff, United Air Lines, Incorporated (United), to enjoin assessment and collection of the Illinois use tax (Ill. Rev. Stat. 1975, ch. 120, par. 439.1 et seq.), on aviation fuel purchased by United in Indiana and stored in Illinois for use on United's aircraft departing from Illinois airfields. After final judicial...

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