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FIORITO v. JONES

No. 43716.

48 Ill.2d 566 (1971)

272 N.E.2d 41

PHYLLIS FIORITO et al., Appellants, v. THEODORE A. JONES, Director of Revenue, et al., Appellees.

Supreme Court of Illinois.

Opinion filed June 24, 1971.

Attorney(s) appearing for the Case

EDWARD A. BERMAN, LEWIS W. SCHLIFKIN, DAVID P. SCHIPPERS, and SAMUEL J. BETAR, all of Chicago, for appellant.

SAMUEL H. SOLOMON, JAMES C. RENZINO, PAYNE and COOKE, all of Chicago, (STANLEY W. COOKE, of counsel,) for intervenors appellants.

WILLIAM J. SCOTT, Attorney General, of Springfield, (FRANCIS T. CROWE, HERMAN R. TAVINS and CALVIN C. CAMPBELL, Assistant Attorneys General), for appellees.

C.J. HARRINGTON, JR., JOHN P. SULLIVAN, both of Chicago, (EDWARD G. PROCTOR, of counsel,) for amicus curiae American National Bank and Trust Company.

DEFREES, FISKE, VOLAND, ALBERTS & HOFFMAN, of Chicago, (RICHARD E. VOLAND, EDWARD J. GRIFFIN and MARVIN S. HELFAND, of counsel,) for amicus curiae Tool & Die Institute, Greater Rockford Tool, Die & Precision Machining and American Metal Stamping Assoc., Chicago Division.

Affirmed and remanded.

Mr. JUSTICE RYAN delivered the opinion of the court:

Plaintiffs in a class action sought to enjoin the collection of taxes under the 1967 amendments to Illinois Service Occupation Tax Act and the Illinois Service Use Tax Act. (Ill. Rev. Stat. 1967, ch. 120, par. 439.101 et seq. and par. 439.31 et seq.). The trial court held the 1967 amendments unconstitutional and directed that...

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