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GHOLSON v. ENGLE, DIR. OF REGISTRATION AND EDUC.

No. 33849.

9 Ill.2d 454 (1956)

138 N.E.2d 508

ELMO GHOLSON, Appellee, v. C. HOBART ENGLE, Director of Registration and Education, Appellant.

Supreme Court of Illinois.

Opinion filed November 26, 1956.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (JOHN L. DAVIDSON, JR., MARK O. ROBERTS, and ARTHUR NEBEL, of counsel,) for appellant.

CONGER & GOEBEL, of Carmi, (IVAN A. ELLIOTT, JR., of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The plaintiff, Elmo Gholson, operates funeral homes in McLeansboro and Dahlgren. He is not a licensed funeral director, and he brought this action to restrain the Director of the Department of Registration and Education from enforcing against him the statute which makes it unlawful to direct funerals without a certificate of registration issued by the Department. His complaint...

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