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HORNOF v. THE KROGER CO.

No. 41163.

40 Ill.2d 545 (1968)

240 N.E.2d 658

FLORENCE HORNOF et al., Appellants, v. THE KROGER CO. et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 24, 1968.

Attorney(s) appearing for the Case

JOHN E.W. TIMM, ARTHUR F. SIEBEL, GEORGE D. CROWLEY, KENART M. RAHN, and PHILIP F. SIMON, all of Chicago, for appellant A.L. Fleischman.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. O'TOOLE, Assistant Attorney General, of Chicago, for appellee State of Illinois.

KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, ARVEY, HODES & MANTYNBAND, and WINSTON, STRAWN, SMITH & PATTERSON, all of Chicago, (THOMAS M. THOMAS, THOMAS F. DEAN, HERMAN SMITH, and RICHARD W. AUSTIN, of counsel,) for other appellees.

Judgment affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This appeal is a clear attempt to inject new issues and to relitigate the appeal in Docket No. 39669, opinion in which was released on May 23, 1966, and is reported in 35 Ill.2d 125.

The only issue originally was the constitutionality of the 1963 and 1965 amendments to the Illinois Retailers' Occupation...

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