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McGINLEY v. MADIGAN

No. 1-04-3517.

851 N.E.2d 709 (2006)

James W. McGINLEY, Margaret J. McGinley, and Robert R. McGinley, as Executors of the Estate of Jane R. McGinley, and Jay M. Goldstein, as Executor of the Estate of Nancy L. Goldstein, Plaintiffs-Appellees and Cross-Appellants, v. Lisa MADIGAN, as Attorney General of the State of Illinois, Judy Baar Topinka, as Treasurer of the State of Illinois, and Maria Pappas, as Treasurer of Cook County, Illinois, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 1, 2006.

Attorney(s) appearing for the Case

Lisa J. Madigan, Attorney General, Chicago, for Madigan and Topinka.

Gary Feinerman, Solicitor General, Brian F. Barov, Assistant Attorney General, for Lisa Madigan.

Richard A. Devine, State's Attorney, Cook County, for Pappas.

Steven H. Hoeft, Steven F. Pflaum, Mark Altschul, of McDermott, Will & Emery LLP, for Appellees.

Justice GREIMAN delivered the opinion of the court:

This appeal concerns the application and constitutionality of Public Acts 93-30 (Pub. Act 93-30, eff. June 20, 2003) (amending 35 ILCS 405/2, 3 (West 2002)) and 94-419 (Pub. Act 94-419, eff. August 2, 2005) (amending 35 ILCS 405/3 (West 2004)) which amended sections 2 and 3 of the Illinois Estate and Generation-Skipping Transfer Tax Act (the Estate Tax Act). Plaintiffs...

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