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THE PEOPLE v. MT. OLIVE CEMETERY ASSN.

No. 36906.

26 Ill.2d 156 (1962)

186 N.E.2d 39

THE PEOPLE ex rel. FRED GUETTLER, d/b/a Jurgensen Monument Company, Appellee, v. MOUNT OLIVE CEMETERY ASSOCIATION, Appellant.

Supreme Court of Illinois.

Rehearing denied November 29, 1962.

Attorney(s) appearing for the Case

SCHUMACHER, GILMORE, STAUB & PAYNE, of Chicago, (RAYMOND OLSON, JR., of counsel,) for appellant.

ALBERT J. MESEROW, of Chicago, for appellee.

LEONARD L. COWAN, of Chicago, amicus curiae, for Illinois Cemetery Association et al.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

This is an appeal by Mount Olive Cemetery Association, defendant, to review an order of the superior court of Cook County prohibiting it from selling cemetery markers and monuments. A franchise being involved, the jurisdiction of this court has been properly invoked. People ex rel. Blake Co. v. Oak Woods Cemetery Association, 17 Ill.2d 64

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