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WALGREEN CO. v. LIQUOR CONTROL COM.

No. 80-641.

101 Ill. App.3d 216 (1981)

427 N.E.2d 1307

WALGREEN CO., d/b/a Walgreen's, Plaintiff-Appellee, v. ILLINOIS LIQUOR CONTROL COMMISSION et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Opinion filed October 22, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, and Irene F. Bahr, Special Assistant Attorney General, both of Chicago, for appellants.

Michael R. Berz and Debra K. Smietanski, both of Berz and Smietanski, of Kankakee, for appellee.

Order affirmed as modified.

Mr. JUSTICE BARRY delivered the opinion of the court:

Defendant, the Illinois Liquor Control Commission (hereinafter the Commission), appeals from a ruling of the circuit court of Kankakee County in administrative review finding that Rule 24 of the Commission is unconstitutionally void and from the court's order enjoining the Commission from enforcing the Rule.

The facts of the case follow. On April 8, 1980, plaintiff Walgreen...

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