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NORTHWEST AIRLINES, INC. v. DEPT. OF REVENUE OF STATE

No. 1-96-4267.

692 N.E.2d 1264 (1998)

295 Ill. App.3d 889

230 Ill.Dec. 98

NORTHWEST AIRLINES, INC. and Republic Airlines, Inc., Plaintiffs-Appellees, v. The DEPARTMENT OF REVENUE OF the STATE OF ILLINOIS, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

March 20, 1998.

Attorney(s) appearing for the Case

James E. Ryan, Barbara A. Preiner, Assistant Attorney Generals (Deborah L. Ahlstrand, Assistant Attorney General, of counsel), Chicago, for Defendant-Appellant.

Richard M. Lipton and Jeffrey L. Dorman, Sonnenschein, Nath and Rosenthal, Chicago, for Plaintiffs-Appellees.

Justice HOURIHANE delivered the opinion of the court:

Plaintiffs, Northwest Airlines, Inc. (Northwest) and Republic Airlines, Inc. (Republic) (collectively referred to as taxpayers), filed a complaint for administrative review, challenging a decision of the Illinois Department of Revenue (Department) which found that "flyover miles" must be included in the numerator of the apportionment fraction applicable to transportation...

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