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ILL. HOSPITAL SERVICE, INC. v. GERBER

Nos. 35353, 35354 Cons.

18 Ill.2d 531 (1960)

165 N.E.2d 279

ILLINOIS HOSPITAL SERVICE, INC., Appellee, v. JOSEPH S. GERBER, Director of Insurance, Appellant.

Supreme Court of Illinois.

Rehearing denied March 28, 1960.

Attorney(s) appearing for the Case

GRENVILLE BEARDSLEY, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellant.

JAMES B. MARTIN, of Springfield, and WILLIAM D. KNIGHT, JR., of Rockford, (ENSEL, MARTIN, JONES & BLANCHARD, of Springfield, and KNIGHT & KNIGHT, of Rockford, of counsel,) for appellee.

Judgments affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The Director of Insurance appeals from judgments of the circuit court of Winnebago County which held unconstitutional section 14 of the Non-Profit Hospital Service Plan Act. (Ill. Rev. Stat. 1959, chap. 32, par. 562b.) That section provides that no corporation organized under the act "shall solicit, or issue a contract to, any subscriber in any County of this State unless there are...

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