PAPER SUPPLY CO. v. CITY OF CHICAGO

No. 46540.

57 Ill.2d 553 (1974)

317 N.E.2d 3

PAPER SUPPLY CO. et al., Appellants and Cross Appellees, v. THE CITY OF CHICAGO et al., Appellees and Cross Appellants.

Supreme Court of Illinois.

Modified on denial of rehearing September 26, 1974.


Attorney(s) appearing for the Case

Neistein, Richman, Hauslinger & Young, Ltd., and Prins, Flamm & Susman, Ltd., both of Chicago (Harry A. Young, Jr., Arnold M. Flamm, and Arthur T. Susman, of counsel), for appellants Paper Supply Co. and Amalgamated Insurance Agency Services, Inc.

Hackbert, Rooks, Pitts, Fullagar and Poust, of Chicago (Henry L. Pitts, William W. Fullagar, Alan S. Ganz, and James J. Breen, of counsel), for appellants Federal Life Insurance Company and United States Steel Corporation.

Burton Y. Weitzenfeld, Theodore Berger, Robert I. Ury, Stanley M. Lipnick, and Ralph S. Eads, all of Chicago (Arnstein, Gluck, Weitzenfeld & Minow, of counsel), for appellants Heyman Corporation, Goldblatt Bros., Inc., Montgomery Ward & Co., Inc., Nabisco, Inc., and Sears, Roebuck and Co.

James F. Ashenden, Jr. and Thomas G. Lyons, both of Chicago (O'Keefe, Ashenden, O'Brien, Hanson & Lyons, of counsel), for appellants Jewel Companies, Inc., Osco Drug, Inc., and Republic Steel Corporation.

Richard L. Curry, Corporation Counsel, of Chicago (William R. Quinlan, Daniel Pascale, Lee J. Schwartz, and Jerome A. Siegan, Assistants Corporation Counsel, of counsel), for appellees.

O. Keith Stoutner, Michael S. Virgil, Ronald J. Hoenig, and Lewis, Overbeck & Furman, all of Chicago, for amici curiae Andy Frain, Inc., and Andy Frain Security Services, Inc.


Affirmed in part and reversed in part.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In four separate actions filed in the circuit court of Cook County the plaintiffs sought declaratory judgments holding invalid the Chicago Employers' Expense Tax Ordinance (Municipal Code of Chicago, ch. 200.3) and injunctive relief. Two suits were brought by multiple plaintiffs and in each of the other two the named...

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