Legal Opinion

Huber Pontiac, Inc. v. Whitler

Court of Appeals for the Seventh Circuit

Decided September 19, 1978No. Nos. 77-1975, 77-1976PublishedCited by 21 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

This appeal and cross appeal arise from an action brought pursuant to 42 U.S.C. § 1983 by Huber Pontiac, Inc. (Huber) against the Director of the Illinois Department of Revenue (Department). In its complaint Huber alleges that certain aspects of the hearing procedure for assessing an Illinois use tax deficiency violate its due process rights as guaranteed by the Fifth and Fourteenth Amendments. Specifically, Huber faults the Department’s Hearing *818Rule 2-4 (which provides that the hearing officer shall both preside at the hearing and present the Department’s case) and…

2Cases cited18 opinions

  1. Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
  2. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  3. Tully v. Griffin, Inc.Supreme Court of the United States · 1976
  4. Askew v. HargraveSupreme Court of the United States · 1971
  5. Percy Bland v. Robert McHannCourt of Appeals for the Fifth Circuit · 1972

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3Cited by21 opinions

  1. Washington Medical Disciplinary Board v. JohnstonWashington Supreme Court · 1983
  2. Capra v. Cook County Board of ReviewCourt of Appeals for the Seventh Circuit · 2013
  3. Alcan Aluminium Limited v. Department of Revenue of the State of Oregon, Ike Milsap & John E. ButtsCourt of Appeals for the Seventh Circuit · 1984
  4. Schneider Transport, Inc. v. CattanachCourt of Appeals for the Seventh Circuit · 1981
  5. Northwest Airlines, Inc. Federal Express Corporation American Airlines, Inc. And Delta Airlines, Inc. v. Tennessee State Board of EqualizationCourt of Appeals for the Sixth Circuit · 1993

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