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CHICORP, INC. v. BOWER

No. 1-01-2426.

782 N.E.2d 768 (2002)

336 Ill. App.3d 132

270 Ill.Dec. 209

CHICORP, INC., an Illinois Corporation, Plaintiff-Appellant, v. Glen L. BOWER, as Director of the Department of Revenue; Judith Baar Topinka, as Treasurer of the State of Illinois; and The Department of Revenue, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

December 5, 2002.

Attorney(s) appearing for the Case

McDermott, Will & Emery, Chicago (Richard A. Hanson, Thomas H. Donohue and Theodore R. Bots, of counsel), for Appellant.

James E. Ryan, Attorney General of State of Illinois, Joel D. Bertocchi, Solicitor General (Carl J. Elitz, Assistant Attorney General, of counsel), for Appellee.

Justice KARNEZIS delivered the opinion of the court:

Plaintiff, ChiCorp, Inc. (ChiCorp), appeals from an order of the circuit court granting a motion to dismiss filed by defendants, the Illinois Department of Revenue; Glen L. Bower, as Director of the Illinois Department of Revenue; and Judith Baar Topinka, as Treasurer of the State of Illinois (collectively, the Department). The Department's motion was brought pursuant to section 2-619(a)(9) of the Code of Civil...

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