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PEOPLE EX REL. #3 J. & E. DISCOUNT, INC. v. WHITLER

No. 78-620.

77 Ill. App.3d 439 (1979)

395 N.E.2d 1151

THE PEOPLE ex rel. #3 J. & E. DISCOUNT, INC., et al., Plaintiffs-Appellees and Cross-Appellants, v. ROBERT M. WHITLER, Acting Director, Department of Revenue et al., Respondents-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed October 9, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Robert G. Epsteen, Assistant Attorney General, of counsel), for appellants.

Richard B. Caifano and Martin E. Litwin, both of Chicago, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE PERLIN delivered the opinion of the court:

Respondents, Robert M. Whitler, Acting Director of the Department of Revenue, and Norman L. Marcus, hearings referee of the Department of Revenue, appeal from an order of the circuit court of Cook County issuing a writ of prohibition against respondents. The writ enjoined respondents from conducting an administrative hearing to determine whether certain packages of...

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