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DEE-EL GARAGE v. KORZEN

Nos. 44455, 44526.

53 Ill.2d 1 (1972)

289 N.E.2d 431

DEE-EL GARAGE, INC., Plaintiff, v. BERNARD J. KORZEN, County Treasurer, et al., Defendants. LOUIS LEADER, Appellee, v. PATRICK J. CULLERTON et al., Appellants. — CHICAGO TITLE & TRUST CO. et al., Appellees, v. PATRICK J. CULLERTON et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 29, 1972.

Attorney(s) appearing for the Case

PRICE, CUSHMAN, KECK & MAHIN, of Chicago (ROBERT S. CUSHMAN and JOHN M. BETTS, of counsel), for plaintiff.

SCHIFF, HARDIN, WAITE, DORSCHEL & BRITTON and JENNER & BLOCK, both of Chicago (JAMES B. O'SHAGHNESSY, KEITH BODE, ROBERT C. KECK, JR., and AARON J. KRAMER, of counsel), for intervening plaintiffs Pepsi Cola General Bottlers, Inc. and Nabisco, Inc.

EDWARD V. HANRAHAN, State's Attorney, of Chicago (VINCENT BENTIVENGA, JR., JAMES A. ROONEY and HENRY A. HAUSER, Assistant State's Attorneys, of counsel), for defendants.

EDWARD V. HANRAHAN, State's Attorney, of Chicago (VINCENT BENTIVENGA, JR., JAMES A. ROONEY and HENRY A. HAUSER, Assistant State's Attorneys, of counsel), for appellants.

LOWELL MYERS, of Chicago, for appellee Louis Leeder.

D'ANCONA, PFLAUM, WYATT & RISKIND, of Chicago (MAURICE A. RISKIND, JACOB M. SHAPIRO and MERRILL A. FREED, of counsel), for appellees Chicago Title & Trust Co. et al.

ARVEY, HODES & MANTYNBAND, of Chicago (SIDNEY R. ZATZ and HERMAN SMITH, of counsel), for appellees Monroe Properties Corporation and State & Madison Property Co.

Injunction granted. Affirmed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

These consolidated cases involve the constitutionality of section 26 of the Revenue Act of 1939, as amended. (Ill. Rev. Stat. 1969, ch. 120, par. 507.) Dee-El Garage, Inc., a lessee of improved real estate owned by Northwestern University, was granted leave to file an original action for declaratory judgment and injunction in this court challenging

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