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Champlin Refining Company v. State of Illinois

6 Ill. Ct. Cl. 413 Illinois Court of Claims Filed September 10, 1930 No. 1342
Disposition: (No. 1342-Claim denied.)
Cite as: Champlin Refining Company v. State of Illinois, 6 Ill. Ct. Cl. 413 (1930)

CHAMPLIN REFINING COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant sought recovery from the State of Illinois. The court dismissed the claim on motion of the Attorney General, with claimant's consent, as controlled by prior decisions in Moline Plow Company v. The State of Illinois and George P. Ide & Company, Inc. v. The State of Illinois, and disallowed the award.

Claim type: Other

Cases cited: Moline Plow Company v. The State of Illinois; George P. Ide & Company, Inc. v. The State of Illinois

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. DISMISSAL.-when case will be dismissed. Where the Attorney General FRANCHISE TAX-failure to pursue remedies in courts of general jurisdic- SAME-when payment deemed voluntary. Payment of money to avoid SAME-what constitutes duress and compulsion. To constitute duress SAME-when award will be made. Where it appears from the amended

DISMISSAL.-when case will be dismissed. Where the Attorney General moves the dismissal of the case as being controlled by the decisions heretofore filed, and the Attorney for the claimant consents to such motion and to such dismissal the case will be dismissed and the award disallowed. SHURTLEFF & NIHAUS, for claimant. OSCAR E. CARLSTROM, Attorney General; DAVID J. KADYK, Assistant Attorney General, for respondent.

Mr. CHIEF JUSTICE CLARRY delivered the opinion of the court:

Now on this 9th day of September, A. D. 1930, being one of the regular days of the September session of this court, comes Oscar E. Carlstrom, Attorney General of the State of Illinois, and moves the dismissal of this case as being controlled by the decisions of this court heretofore rendered in the cases of Moline Plow Company v. The State of Illinois, and George P. Ide & Company, Inc., v. The State of Illinois.

And it appearing to the court that the attorney for the claimant herein consents to such a motion and to such dismissal as being controlled by said cases, it is therefore ordered, adjudged and decreed that the case be dismissed and the award disallowed. [*411] (Claims denied in part and allowed in part.)

WESTERN ELECTRIC COMPANY, INCORPORATED, 1350; THE BORDEN COMPANY, 1351; BORDEN'S FARM PRODUCTS CO. OF ILLINOIS,

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