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CONSOLIDATED DISTILLED PRODUCTS, INC. v. ALLPHIN

No. 49288.

73 Ill.2d 19 (1978)

382 N.E.2d 217

CONSOLIDATED DISTILLED PRODUCTS, INC., et al., v. ROBERT H. ALLPHIN, Director of Revenue, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied December 1, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Paul J. Bargiel, Mary Stafford, and Patricia Rosen, Assistant Attorneys General, of Chicago, of counsel), for appellants.

Kenart M. Rahn and George F. Barrett, of Chicago (George R. Bieber and Stewart D. Spitzer, of counsel), for appellees.

Reversed and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

On April 17, 1974, twenty-two importing distributors of wine filed an action in the circuit court of Cook County, seeking to have a portion of section 1 of article VIII of the Liquor Control Act (Ill. Rev. Stat. 1969, ch. 43, par. 158) declared unconstitutional. Under the Liquor Control Act, prior to July 15, 1971, distributors of wine made from grapes grown in Illinois enjoyed a...

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