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ROSEMONT BLDG. SUP. v. HWY. TR. AUTH.

No. 42765.

45 Ill.2d 243 (1970)

258 N.E.2d 569

ROSEMONT BUILDING SUPPLY, INC., et al., Appellants, v. ILLINOIS HIGHWAY TRUST AUTHORITY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied May 26, 1970.

Attorney(s) appearing for the Case

SAMUEL J. BETAR and JOSEPH A. LAMENDELLA, both of Chicago, (SCHIPPERS, BETAR, LAMENDELLA & O'BRIEN, of counsel,) for appellants.

WILLIAM J. SCOTT, Attorney General, of Springfield, (PERRY L. FULLER, DOUGLAS M. REIMER, and D. KENDALL GRIFFITH, Special Assistant Attorneys General, of counsel,) for appellees.

NORMAN J. BARRY and M.I. MISHKIN, both of Chicago, and GORDON C. ADLER, of Bloomington, (ROTHSCHILD, STEVENS, BARRY & MYERS, and MERKER AND ADLER, of counsel,) for amicus curiae Illinois Agricultural Association.

Judgment reversed.

Mr. JUSTICE CULBERTSON delivered the opinion of the court:

Rosemont Building Supply, Inc., and James Cuzzone, plaintiffs, initiated this taxpayers' action in the circuit court of Du Page County to challenge the constitutionality of the Illinois Highway Trust Authority Act, (Ill. Rev. Stat. 1969, ch. 121, par. 101-1 et seq.,) which went into effect July 10, 1969. Named as defendants were the Illinois Highway Trust Authority, the Governor...

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