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ROSENFELD v. ILLINOIS DEPT. OF REVENUE

No. 1-88-3033.

562 N.E.2d 1150 (1990)

205 Ill. App.3d 427

150 Ill.Dec. 347

Ellis M. ROSENFELD and Phyllis Rosenfeld, Plaintiffs-Appellants, v. The DEPARTMENT OF REVENUE, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 26, 1990.

Attorney(s) appearing for the Case

Morris W. Ellis, Ellis & Ellis, Chicago, for plaintiffs and appellants.

Neil F. Hartigan, Atty. Gen., Chicago (Rosalyn B. Kaplan, of counsel), for defendant and appellee.

Justice SCARIANO delivered the opinion of the court:

Plaintiffs Ellis Rosenfeld (Ellis) and Phyllis Rosenfeld (collectively, plaintiffs) sought to enjoin the Department of Revenue (the State) from continuing to garnish Ellis's wages in order to satisfy two judgments against him for taxes due the State under the Retailers' Occupation Tax Act (Ill.Rev.Stat.1990, ch. 120, par. 440 et seq.) (the Act). Plaintiffs claim...

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