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JOHNSON v. HALPIN

No. 32231.

413 Ill. 257 (1952)

108 N.E.2d 429

JULIE JOHNSON, Appellee, v. CLIFFORD E. HALPIN, Acting Director of the Department of Revenue, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 17, 1952.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES, and WILLARD ICE, of counsel,) for appellants.

ALBERT J. MESEROW, and CHARLES LEVIN, both of Chicago, for appellee.

Decree reversed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

This is a direct appeal by the defendants, Department of Revenue of the State of Illinois and the Attorney General, from a decree of the superior court of Cook County, entered in a proceeding for a declaratory judgment, holding the Illinois Cigarette Use Tax Act unconstitutional, and permanently enjoining defendants from enforcing it against plaintiff, Julie Johnson, and all other persons...

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