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GRAMS v. AUTOZONE, INC.

No. 3-00-0492.

745 N.E.2d 687 (2001)

319 Ill. App.3d 567

253 Ill.Dec. 564

Mary GRAMS, f/k/a Mary DeRoo, Plaintiff-Appellee, v. AUTOZONE, INC., a Foreign Corporation, Defendant-Appellant.

Appellate Court of Illinois, Third District.

March 12, 2001.

Attorney(s) appearing for the Case

Peter R. Jennetten, R. Michael Henderson (argued), Quinn, Johnston, Henderson & Pretorius, Chtd., Peoria, for Autozone, Inc.

Stephen T. Fieweger (argued), Katz, McHard, Balch, Lefstein & Fieweger, P.C., Rock Island, for Mary Grams.

Justice BRESLIN delivered the opinion of the court:

Plaintiff Mary Grams brought this action against defendant Autozone, Inc., to recover a statutory penalty pursuant to the Income Withholding for Support Act (Act) (750 ILCS 28/35 (West Supp.1999)), for Autozone's failure to timely turn over child support withholdings. The court awarded Mary $20,700, and Autozone appealed. We affirm and hold that section 35 of the Act requires the imposition of a separate penalty...

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