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COM. EDISON CO. v. DEP'T OF REVENUE

No. 88-0537.

179 Ill. App.3d 968 (1989)

535 N.E.2d 30

COMMONWEALTH EDISON COMPANY et al., Plaintiffs-Appellees, v. THE DEPARTMENT OF REVENUE et al., Defendants-Appellants.

Appellate Court of Illinois — First District (4th Division).

Opinion filed February 16, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Bret A. Rappaport, George W. Foster, and James D. Newbold, Assistant Attorneys General, of Chicago, of counsel), for appellants.

Winston & Strawn, and Commonwealth Edison Company, both of Chicago (Kimball R. Anderson, Michael J. O'Rourke, Lawrence R. Desideri, and Harlan M. Dellsy, of counsel), for appellees.

Judgment affirmed.

JUSTICE LINN delivered the opinion of the court:

The Westinghouse Electric Company contracted with the Commonwealth Edison Company to design, manufacture, and install four turbine-generators for use in two of Commonwealth Edison's nuclear power stations. The Illinois Department of Revenue assessed Commonwealth Edison $4,247,308.25 in use tax and interest on two of the generators. Commonwealth Edison paid the assessment under protest.

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