MIDWAY TOBACCO CO. v. MAHIN

No. 61305.

42 Ill. App.3d 797 (1976)

356 N.E.2d 909

MIDWAY TOBACCO CO. et al., Individually and as Representatives of a Class, Plaintiffs-Appellees, v. GEORGE E. MAHIN et al., Defendants-Appellees. — (S. BLOOM, INC., et al., Respondents-Appellants.)

Appellate Court of Illinois — First District (1st Division).

Supplemental opinion filed upon denial of rehearing November 1, 1976.


Attorney(s) appearing for the Case

Maurice P. Raizes, Sam Schachtman, Howard R. Slater, Edward R. Gorenstein, Douglas Donenfeld, and Sam Shkolnik, all of Chicago, Hudson Sours, of Peoria, and Lyle Brown, of Elgin, for appellants.

William J. Scott, Attorney General, of Chicago (Paul J. Bargiel and Stephen R. Swofford, Assistant Attorneys General, of counsel), for appellees George E. Mahin et al.


Order affirmed and cause remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

This appeal results from a holding by the circuit court in 1969 that the Illinois Tobacco Products Tax Act, referred to herein as "the Act" (Ill. Rev. Stat. 1969, ch. 120, pars. 453.81 to 453.91), was unconstitutional. During that proceeding the court ordered a protest fund created into which tobacco distributors (who are...

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