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ROADWAY EXPRESS, INC. v. TREASURER, STATE OF ILL.

No. 4-83-0374.

120 Ill. App.3d 133 (1983)

458 N.E.2d 66

ROADWAY EXPRESS, INC., Plaintiff-Appellant, v. THE TREASURER OF THE STATE OF ILLINOIS et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed December 9, 1983.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Peoria (Lyle W. Allen and Mark D. Howard, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Patricia Rosen, Hercules F. Bolos, and Edward P. O'Brian, Assistant Attorneys General, of Chicago, of counsel), for appellees.

Judgment reversed.

JUSTICE WEBBER delivered the opinion of the court:

Plaintiff filed suit in the circuit court of Sangamon County seeking to obtain a refund of certain franchise fees assessed by the Illinois Commerce Commission pursuant to section 18-801(2)(b) of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 18-801(2)(b)). Both plaintiff and the defendants filed motions for summary judgment and the trial court allowed...

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