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WESTERN PHOTO & SUPPLY CO. v. LYONS

No. 34833.

15 Ill.2d 318 (1958)

155 N.E.2d 1

WESTERN PHOTO & SUPPLY Co., et al., Appellees, v. RICHARD J. LYONS, Director of Revenue, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 22, 1959.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, THEODORE G. MAHERAS, and RAYMOND S. SARNOW, of counsel,) for appellants.

PHILIP J. SIMON, of Chicago, (CHARLES O. PARKER, of Chicago, of counsel,) for appellees.

Decree reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The original proceeding in this cause was instituted in the circuit court of Cook County in 1944 by a number of photographic suppliers, including these plaintiffs, against certain State officers, being the Director of Revenue, the Attorney General, and the State Treasurer. Plaintiffs sought to restrain the enforcement of the provisions of the Retailers' Occupation Tax Act on the business...

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