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PEOPLES GAS LIGHT AND COKE CO. v. CITY OF CHICAGO

No. 34065.

9 Ill.2d 348 (1956)

137 N.E.2d 330

THE PEOPLES GAS LIGHT AND COKE COMPANY et al., Appellants, v. THE CITY OF CHICAGO et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 25, 1956.

Attorney(s) appearing for the Case

ROSS & O'KEEFE, SIDLEY, AUSTIN, BURGESS & SMITH, WILSON & McILVAINE, FOREST D. SIEFKIN, and C. BOUTON McDOUGAL, all of Chicago, for appellants.

JOHN C. MELANIPHY, Corporation Counsel, of Chicago, (JOSEPH F. GROSSMAN, and EARL E. MEISENBACH, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The Peoples Gas Light and Coke Company sued in the circuit court of Cook County to restrain the enforcement of a Chicago ordinance imposing a tax upon persons engaged in the business of selling gas for use or consumption within the city at the rate of 5 per cent of gross receipts. Upon motion of the city for summary judgment, the court dismissed the complaint. A constitutional question...

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