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HERSHEY MFG. CO. v. ADAMOWSKI

No. 35831.

22 Ill.2d 36 (1961)

174 N.E.2d 200

HERSHEY MFG. CO., Appellee, v. BENJAMIN S. ADAMOWSKI, State's Attorney, Appellant.

Supreme Court of Illinois.

Rehearing denied May 17, 1961.

Attorney(s) appearing for the Case

BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRANCIS X. RILEY, and EDWARD J. HLADIS, Assistant State's Attorneys, of counsel,) for appellant.

QUINN, JACOBS, BARRY & LATCHFORD, and YOWELL, LONG, MacDONALD & YOWELL, both of Chicago, (MELVIN M. JACOBS, DAVID J. BARRY, JOSEPH O. KOSTNER, JOHN J. YOWELL, and G. KENT YOWELL, of counsel,) for appellee.

Decree affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On July 1, 1959, the plaintiff, Hershey Mfg. Co., filed a complaint for a declaratory judgment, seeking to have declared unconstitutional the act of 1919 protecting counties having naval stations and military posts from gambling devices, (Ill. Rev. Stat. 1957, chap. 38, pars. 344-348,) praying for the restoration to interstate commerce certain property seized from an interstate carrier...

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