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McLEAN v. DEPARTMENT OF REVENUE

Nos. 84435, 84451.

704 N.E.2d 352 (1998)

184 Ill.2d 341

235 Ill.Dec. 3

Susan McLEAN, Adm'r of the Estate of Leonard C. Pace, Appellee and Cross-Appellant, v. The DEPARTMENT OF REVENUE OF the STATE OF ILLINOIS, Appellant and Cross-Appellee.

Supreme Court of Illinois.

Opinion Modified on Denial of Rehearing December 29, 1998.

Attorney(s) appearing for the Case

Tad Armstrong, Armstrong Law Offices, Edwardsville, for Leonard Pace in Nos. 84435 and 84451.

Erik G. Light, Assistant Attorney General, Chicago, for Dept. of Revenue in Nos. 84435 and 84451.

Chief Justice FREEMAN delivered the opinion of the court:

The Department of Revenue of the State of Illinois (Department) directly appeals, pursuant to Supreme Court Rule 302(a) (134 Ill.2d R. 302(a)), from a final judgment order of the circuit court of Madison County, which set aside in part and confirmed in part a final administrative decision of the Department. In its final decision, the Department found that Leonard C. Pace (plaintiff)1

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