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BELLEVILLE DR. PEPPER v. KORSHAK

No. 39934.

36 Ill.2d 352 (1966)

221 N.E.2d 635

BELLEVILLE DR. PEPPER et al., Appellees, v. MARSHALL KORSHAK, Director of Revenue, et al., Appellants.

Supreme Court of Illinois.

Opinion filed December 1, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellants.

MARTIN, CRAIG, CHESTER & SONNENSCHEIN, of Chicago, (CHARLES G. CHESTER and SYDNEY G. CRAIG, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Plaintiffs, bottlers and distributors of soft drinks, brought this action to enjoin the Department of Revenue from imposing and collecting the retailers' occupation tax and use tax on their purchase of bottles, cartons and shells (cases). The department appeals directly to this court from a decree of the circuit court of Cook County enjoining the imposition of the taxes. We have jurisdiction...

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