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BORDEN CHEMICALS AND PLASTICS v. ZEHNDER

No. 1-98-4456.

726 N.E.2d 73 (2000)

312 Ill. App.3d 35

244 Ill.Dec. 477

BORDEN CHEMICALS AND PLASTICS, L.P., Plaintiff-Appellant, v. Ken ZEHNDER, Director of the Department of Revenue, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

February 14, 2000.

Attorney(s) appearing for the Case

Horwood Marcus & Berk Chartered, Chicago (Fred O. Marcus, Jordan M. Goodman, David A. Hughes, C. Eric Fader, of counsel), for Appellant.

The Attorney General of the State of Illinois (James E. Ryan, John P. Schmidt, of counsel), and the Solicitor General (Joel D. Bertocchi, of counsel), Chicago, for Appellee.

Justice GALLAGHER delivered the opinion of the court:

This is an action for administrative review of a final decision of Ken Zehnder, the Director of the Department of Revenue of the State of Illinois (the Department). The circuit court entered judgment in favor of the Department and against plaintiff, Borden Chemicals & Plastics, L.P. Plaintiff now appeals.

The issues presented are: (1) whether plaintiff is subject to the replacement tax under the Income...

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