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LAYFER v. TUCKER

No. 77-490.

71 Ill. App.3d 333 (1979)

389 N.E.2d 252

HOWARD A. LAYFER et al., Plaintiffs-Appellees, v. TERRENCE A. TUCKER et al., Defendants. — (WILLIAM J. SCOTT, Attorney General, et al., Appellants.)

Appellate Court of Illinois — Second District.

Opinion filed May 3, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, pro se (Robert G. Epsteen, Assistant Attorney General, of counsel), for appellants.

Sanford R. Gail, of Karaganis & Gail, and Fred I. Shandling, of Ardell & Shandling, both of Chicago, for appellees.

Order reversed.

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

The sole question presented in this case is whether the trial court properly awarded plaintiffs attorney's fees out of a tax fund set up by the Lake County treasurer.

In July 1975 plaintiffs filed a class action suit on behalf of Illinois taxpayers residing outside of Lake County. The complaint sought to hold that the provisions of section 21 of the Inheritance and Transfer...

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