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US XPRESS LEASING v. DEPARTMENT OF REVENUE

No. 1-07-1204.

894 N.E.2d 890 (2008)

US XPRESS LEASING, INC., Plaintiff-Appellant, v. THE DEPARTMENT OF REVENUE, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

August 27, 2008.

Attorney(s) appearing for the Case

Sanchez, Daniels & Hoffman, LLP (Timothy V. Hoffman and Brian M. Kuethe, of counsel), Chicago, IL, and Ray, Wood & Bonilla (Ray Bonilla and Doug W. Ray, of counsel), Austin, TX, for Appellant.

Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General (Diane M. Potts, of counsel), Chicago, IL, for Appellee.

Justice CUNNINGHAM delivered the opinion of the court:

The plaintiff, U.S. Xpress, filed a complaint in the circuit court of Cook County against the defendant, the state of Illinois, for review of an administrative law decision that barred its claim for a refund pursuant to section 13 of the Illinois Motor Tax Fuel Law (35 ILCS 505/13 (West 2002)) (the Law). The circuit court of Cook County affirmed the administrative law decision. This appeal followed. On appeal...

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