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LA PINE SCIENTIFIC CO. v. LENCKOS

No. 79-2014.

95 Ill. App.3d 955 (1981)

420 N.E.2d 655

LA PINE SCIENTIFIC COMPANY, Plaintiff-Appellee, v. DANIEL J. LENCKOS, Director of the Department of Revenue, et al., Defendants-Appellants.

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

Opinion filed on rehearing April 24, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Russell C. Grimes, Jr., Assistant Attorney General, of counsel), for appellants.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Robert L. Berner, Jr., John T. Coleman, Edward J. Zulkey, and Judith G. Landt, of counsel), for appellee.

Order reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Plaintiff brought this action seeking a writ of mandamus, declaratory and injunctive relief, challenging defendants' right, pursuant to section 10.05 of the State Comptroller Act (Ill. Rev. Stat. 1977, ch. 15, par. 210.05) to set off plaintiff's overpayment of its 1977 income tax and payments due to it for merchandise sold to various agencies of the State of Illinois, against two...

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