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MEMORIAL GARDENS ASS'N, INC. v. SMITH

No. 35008.

16 Ill.2d 116 (1959)

156 N.E.2d 587

MEMORIAL GARDENS ASSOCIATION, INC., et al., Appellants, v. ELBERT S. SMITH, Auditor of Public Accounts, et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 18, 1959.

Attorney(s) appearing for the Case

HOFFMANN & HOFFMANN, RICHARD R. GRUMMON, both of Springfield, and FLOYD DEMANES, of Peoria, for appellants.

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, and BURTON BERKLEY, of counsel,) for appellees.

Affirmed and remanded.

Mr. JUSTICE DAVIS delivered the opinion of the court:

Plaintiffs, Memorial Gardens Association, Inc., Glendale Memorial Gardens, Inc., and Evergreen Memorial Gardens, Inc., Illinois corporations, brought suit in the circuit court of Sangamon County against the Auditor of Public Accounts and the State's Attorney of Peoria County seeking to enjoin the defendants from enforcing the provisions of an act entitled "An Act concerning agreements...

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