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HECKMANN v. CEMETERIES ASSOCIATION

No. 84-1480.

127 Ill. App.3d 451 (1984)

468 N.E.2d 1354

MARTIN HECKMANN et al., Plaintiffs-Appellants, v. CEMETERIES ASSOCIATION OF GREATER CHICAGO et al., Defendants-Appellees (The People ex rel. Neil F. Hartigan, Attorney General, et al., Intervening Defendants).

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

Opinion filed September 17, 1984.

Attorney(s) appearing for the Case

Sidney Z. Karasik and Edward M. Burke, both of Chicago, for appellants.

John A. McDonald and Carla J. Rozycki, both of Keck, Mahin & Cate, of Chicago, for appellees.

Neil F. Hartigan, Attorney General, of Springfield (Robert H. McFarland and James P. Nally, Assistant Attorneys General, of counsel), for intervenor People of the State of Illinois.

Erwin I. Katz, of Hoffman & Davis, and Gary A. Weintraub and David A. Epstein, both of Jann, Carroll, Sain & Dolin, both of Chicago, for other intervenors.

Order affirmed.

JUSTICE McGLOON delivered the opinion of the court:

Plaintiffs filed a declaratory judgment action challenging the constitutionality and validity of "An Act to permit certain burials on Sundays and legal holidays * * *." On appeal from an order granting defendants-intervenors' motion for summary judgment, plaintiffs contend: (1) the Act violates the establishment clause of the United States Constitution and article I, section 3, of the Illinois...

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