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eBook details

• Title: Roe v. Estate of Farrell
• Author : Supreme Court of Illinois
• Release Date : January 20, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Plaintiff, Charles A. Getto, "individually and on behalf of all persons similarly situated," filed this action in the circuit court of Cook County against defendants, the city of Chicago and Illinois Bell Telephone Co. (Bell), alleging that defendants had erroneously collected from Bells customers sums greatly in excess of the amounts due under the defendant citys municipal message tax. On behalf of all Bell customers in the city of Chicago, plaintiff sought a declaratory judgment, a temporary injunction, a permanent injunction, an accounting, a refund of tax moneys, and an award of attorneys fees. The city and Bell filed separate and joint motions to dismiss the complaint; the circuit court denied the motions to dismiss and issued a preliminary injunction directing Bell to segregate and sequester that portion of the message tax alleged by plaintiff to be excessive. Both defendants appealed from the circuit courts interlocutory order (58 Ill.2d R. 307(a)(1)), and we allowed defendants motions for direct appeal to this court under Rule 302(b) (58 Ill.2d R. 302(b)).

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