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ROYAL LIQUOR MART, INC. v. CITY OF ROCKFORD

No. 84-0471.

133 Ill. App.3d 868 (1985)

479 N.E.2d 485

ROYAL LIQUOR MART, INC. et al., Plaintiffs-Appellants, v. THE CITY OF ROCKFORD et al., Defendants-Appellees (United Bank of Illinois, Trustee, Counterplaintiff-Appellee, v. Royal Liquor Mart, Inc. et al., Counterdefendants-Appellants).

Appellate Court of Illinois — Second District.

Opinion filed June 12, 1985.

Attorney(s) appearing for the Case

Eugene I. Pavalon and Stephen J. Feinberg, both of Asher, Goodstein, Pavalon, Gittler & Greenfield, and Robert F. Coleman, Kenneth P. Ross, and Eugene J. Schiltz, all of Freeman, Atkins & Coleman, both of Chicago, and Sam J. Cannariato, of Rockford, for appellants.

Charles E. Box and Franklin Cook, both of Rockford, for appellee City of Rockford.

James Spiotto, Ann Acker, and Susan C. Hummel, all of Chapman & Cutler, of Chicago, for appellee United Bank of Illinois.

John W. Rosenbloom and Williams & McCarthy, both of Rockford, for appellee Rockford Metropolitan Exposition, Auditorium and Office Building Authority.

Peter Alexander, of Alexander, Cicero, Flanders & Engelsma, P.C., of Rockford, for appellees Midwest Petroleum Marketing Association and John W. Javurak.

Judgment affirmed.

JUSTICE HOPF delivered the opinion of the court:

Plaintiff, Royal Liquor Mart, Inc., Hollywood Food Services, Inc., and August Sacco, brought this suit as a class action (Ill. Rev. Stat. 1983, ch. 110, par. 2-801 et seq.) to enjoin the city of Rockford from collecting a 1% sales tax on food, beverages, liquor and rentals on hotel and motel rooms, and to recover all taxes collected thereunder since April 14, 1983. Plaintiffs contend...

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