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WELLINGTON v. CITY OF CHICAGO

No. 85-577.

144 Ill. App.3d 774 (1986)

494 N.E.2d 603

SONNIE WELLINGTON et al., Plaintiffs-Appellants, v. THE CITY OF CHICAGO et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed May 20, 1986.

Attorney(s) appearing for the Case

Joel R. Monarch and Daniel P. Madden, both of Chicago, for appellants.

James D. Montgomery, Corporation Counsel, of Chicago (Mary K. Rochford and Jennifer A. Keller, Assistant Corporation Counsel, of counsel), for appellees.

Sonnenschein, Carlin, Nath & Rosenthal and Jann, Carroll, Sain & Dolin, Ltd., both of Chicago (Kenneth H. Hock, Carol M. Parker, and David A. Epstein, of counsel), for amici curiae.

Judgment affirmed.

JUSTICE STAMOS delivered the opinion of the court:

Plaintiffs' class action challenging the application of the Chicago transaction tax ordinance as an invalid occupation tax was dismissed by the circuit court which held, as a matter of law, that the transaction tax was not an occupation tax. On appeal plaintiffs contend (1) the Chicago transaction tax ordinance constitutes an invalid occupation tax as applied to lessee cabdrivers; (2) a...

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