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ROANOKE AGENCY, INC. v. EDGAR

No. 58735.

101 Ill.2d 315 (1984)

461 N.E.2d 1365

ROANOKE AGENCY, INC., et al., Appellees, v. JIM EDGAR, Secretary of State, Appellant.

Supreme Court of Illinois.

Opinion filed March 23, 1984.

Attorney(s) appearing for the Case

Wayne Whalen and Daniel Harris, of Mayer, Brown & Platt, of Chicago, for appellant.

Morton John Barnard, of Barnard & Barnard, of Chicago, for appellee Roanoke Agency, Inc.

Charles W. Murdock, Deputy Attorney General, and Jeffrey W. Finke, Assistant Attorney General, both of Chicago, for intervenor-appellee Attorney General Neil F. Hartigan.

Judgment affirmed.

JUSTICE UNDERWOOD delivered the opinion of the court:

Roanoke Agency, Inc. (Roanoke), an Illinois corporation, delivered amendments to its articles of incorporation to Jim Edgar, the Secretary of State of Illinois. Based upon his determination that the issuance of nonvoting shares of corporate stock as provided in the amendments would be contrary to section 8 of the Transition Schedule of our 1970 Constitution relating to cumulative voting...

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