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BERWYN LUMBER CO. v. KORSHAK

No. 39437.

34 Ill.2d 320 (1966)

215 N.E.2d 240

BERWYN LUMBER COMPANY et al., Appellees, v. MARSHALL KORSHAK, Director of Revenue, et al., Appellants.

Supreme Court of Illinois.

Opinion filed March 24, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL, A. ZOLA GROVES, CALVIN CAMPBELL, and JOHN O'TOOLE, Assistant Attorneys General, of counsel,) for appellants.

TURNER, HUNT AND WOOLLEY, CHRISTIANSON AND SCARRY, and KATHRYN M. KULA, all of Chicago, (FREDERICK W. TURNER, JR., MURRAY B. WOOLLEY, and J.R. CHRISTIANSON, of counsel,) for appellees.

Decree reversed.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

The Berwyn Lumber Company and others filed suit in the circuit court of Cook County to enjoin the collection of certain retailers' occupation taxes. From a decree granting the injunction the Director of Revenue and the other defendants appeal directly to this court, the revenue being involved.

The lumber company sells building materials to contractors. The materials involved...

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