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BEATRICE FOODS CO. v. LYONS

No. 34357.

12 Ill.2d 274 (1957)

146 N.E.2d 68

BEATRICE FOODS CO. et al., Appellants, v. RICHARD J. LYONS, Director of Revenue, et al., Appellees.

Supreme Court of Illinois.

Opinion filed November 20, 1957.

Attorney(s) appearing for the Case

BLUM, JACOBSON & SHKOLER, PHILIP R. TOOMIN, and MICHAEL M. PHILLIPS, all of Chicago, for appellants.

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES, and SAMUEL KANTER, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

Naming the appropriate State officials as defendants, Beatrice Foods Company and others filed a complaint for an injunction in the circuit court of Cook County seeking relief from retailers' occupation tax as to certain sales of tangible personal property to the Federal government. The court sustained a motion to strike the complaint and, when the plaintiffs elected to abide by their...

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