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GRIFFITH v. DEPT. OF REVENUE

No. 1-92-2518.

640 N.E.2d 1262 (1994)

266 Ill. App.3d 838

203 Ill.Dec. 889

Rosetta GRIFFITH, Plaintiff-Appellee, v. The DEPARTMENT OF REVENUE et al., Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

September 19, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., and Rosalyn B. Kaplan, Sol. Gen., Chicago (Jan E. Hughes, Asst. Atty. Gen., of counsel), for appellants.

Jenner & Block, Chicago (Robert L. Graham, Laura A. Kaster, Robert L. Denby, of counsel), for appellee.

Justice BUCKLEY delivered the opinion of the court:

The Department of Revenue of the State of Illinois ("the Department") appeals the Cook County Circuit Court's determination that Rosetta Griffith ("plaintiff") is not liable for taxes owed by Timothy, Inc. under the Retailers' Occupation Tax Act ("ROTA"). (Ill.Rev.Stat.1991, ch. 120, par. 45254) (now, 35 ILCS 120/13.5 (West 1992)).) The court's ruling reversed the Department's finding that plaintiff is personally...

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