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MANNIX v. DONNEWALD

No. 1-87-2865.

187 Ill. App.3d 472 (1989)

543 N.E.2d 329

GERALD J. MANNIX, Indiv. and as Adm'r of the Estate of Ercel C. DeForce, Deceased, and on Behalf of All Heirs and Legatees of the Estate of Ercel C. DeForce, Deceased, and on Behalf of All Persons Similarly Situated, Plaintiff-Appellant, v. JAMES H. DONNEWALD, Treasurer, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 16, 1989.

Attorney(s) appearing for the Case

Chadwell & Kayser, Ltd., of Chicago (Julia D. Mannix and Bruce C. Howard, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Robert W. Cushing, Assistant Attorney General, of Chicago, of counsel), for appellee.

Order affirmed.

JUSTICE CERDA delivered the opinion of the court:

The plaintiff, individually and as administrator of the estate of Ercel C. DeForce, deceased, filed this class action suit after receiving a tax refund to recover interest earned on estate funds deposited with the State Treasurer pending determination by the circuit court of the actual amount of inheritance tax due. The parties filed cross-motions...

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