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CITY OF NAPERVILLE v. DEPT. OF REVENUE

Nos. 81-207, 81-222 cons.

103 Ill. App.3d 312 (1982)

431 N.E.2d 54

THE CITY OF NAPERVILLE, Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE, Defendant-Appellant. — THE CITY OF BATAVIA, Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed January 22, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Imelda R. Terrazino, Assistant Attorney General, of counsel), for appellant.

Katherine S. Janega and Marvin J. Glink, both of Ancel, Glink, Diamond, Murphy & Cope, P.C., of Chicago, for appellees.

Judgments reversed.

JUSTICE REINHARD delivered the opinion of the court:

These actions, consolidated on appeal, were brought in the circuit courts of Du Page and Kane counties under the Administrative Review Act (Ill. Rev. Stat. 1979, ch. 110, par. 264 et seq.) to review final assessments made by the Department of Revenue against the cities of Naperville and Batavia for State public utilities tax liability (Ill. Rev. Stat. 1979, ch. 120, par. 468

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