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VILLAGE OF NILES v. K MART CORP.

No. 85-3174.

158 Ill. App.3d 521 (1987)

511 N.E.2d 703

THE VILLAGE OF NILES, Plaintiff-Appellant, v. K MART CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied August 18, 1987.

Attorney(s) appearing for the Case

Sneider & Troy, of Chicago (Richard J. Troy and William G. Hutul, of counsel), for appellant.

Madigan, Stanner, Kahn, Bonifacic & Getzendanner, of Chicago (Vincent J. Getzendanner, Jr., and Glenn E. Schreiber, of counsel), for appellee.

Judgment affirmed.

JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff, the village of Niles (Niles), brought an action seeking an accounting and the imposition of a fine against defendant, K mart Corporation (K mart), as a result of errors on K mart's sales tax returns which caused the Illinois Department of Revenue to pay to other municipalities amounts which should have gone to Niles. The trial court granted K mart's motion to dismiss and Niles...

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