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YELLOW FREIGHT SYS., INC. v. ILL. COMMERCE COMM.

No. 15322.

70 Ill. App.3d 95 (1979)

388 N.E.2d 235

YELLOW FREIGHT SYSTEM, INC., et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed April 4, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Hercules F. Bolos, Special Assistant Attorney General, and Thomas J. Swabowski and Thomas J. Russell, Assistant Attorneys General, of counsel), for appellants.

Eric Robertson, of Leuders, Robertson & Konzen, of Granite City, and Edward D. McNamara, of Springfield, for appellees.

Judgment reversed.

Mr. JUSTICE MILLS delivered the opinion of the court:

Truck franchise fees.

Paid under protest to comply with statute?

No.

We reverse.

Here are the facts. Yellow Freight System (Yellow) and Kroblin Refrigerated Xpress (Kroblin) mailed checks to the Illinois Commerce Commission (Commission) for payment of certain franchise fees which were due under section 18...

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