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STATE EX REL. BEELER, SCHAD v. TARGET CORP.

Nos. 1-04-2001, 1-04-3159.

856 N.E.2d 1096 (2006)

306 Ill.Dec. 1

The STATE of Illinois ex rel. BEELER, SCHAD AND DIAMOND, P.C., Plaintiff-Appellee and Relator-Appellant, v. TARGET CORPORATION, Target.Direct, LLC, and Marshallfields.Direct, LLC, Defendants-Appellees. The State of Illinois ex rel. Beeler, Schad and Diamond, P.C., Plaintiff-Appellee and Relator-Appellant, v. Wal-Mart.Com, Inc., and Wal-Mart Stores, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied October 16, 2006.

Attorney(s) appearing for the Case

Vanasco, Genelly & Miller (David A. Genelly, James E. Judge, of counsel); Huff & Gaines, Ltd. (John L. Huff, Elvis D. Gonzalez, of counsel), Chicago, for Relator-Appellant.

Katten Muchin Zavis Rosenman (Sheldon T. Zenner, Jonathan L. Marks, David J. Stagman, Kathy P. Josephson, of counsel), Lisa Madigan, Attorney General (Chaka M. Patterson, Charles F. Godbey, of counsel), Chicago, for Defendants-Appellees.

Justice NEVILLE delivered the opinion of the court:

This consolidated appeal was commenced when Beeler, Schad & Diamond P.C., the relator, or whistleblower as that term is defined in the Whistleblower Reward and Protection Act (740 ILCS 175/4(b)(2) (West 2002)) (Act) filed two complaints and blew the whistle on both Target and Wal-Mart, alleging that they created Internet subsidiaries to avoid their duty to collect and remit use taxes to the State of Illinois...

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