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COLDWELL BANKER RES. REAL EST. SERVICES v. CLAYTON

No. 59511.

105 Ill.2d 389 (1985)

475 N.E.2d 536

COLDWELL BANKER RESIDENTIAL REAL ESTATE SERVICES OF ILLINOIS, INC., Appellee and Cross-Appellant, v. GARY L. CLAYTON, Director of Registration and Education, Appellant and Cross-Appellee.

Supreme Court of Illinois.

Opinion filed February 22, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Steven F. Molo and Michael V. Casey, Assistant Attorneys General, of Chicago, of counsel), for appellant and cross-appellee.

Philip B. Kurland, Norman J. Barry, Christopher G. Walsh, Jr., and Charles D. Knight, of Rothschild, Barry & Myers, of Chicago, for appellee and cross-appellant.

John H. Carley, of Washington, D.C. (Arthur N. Lerner and Jacques Feuillan, of Washington D.C., and William MacLeod, of Chicago, of counsel), for amicus curiae Federal Trade Commission.

Judgment affirmed.

JUSTICE MORAN delivered the opinion of the court:

Plaintiff, Coldwell Banker Residential Real Estate Services of Illinois, Inc., d/b/a Coldwell Banker-Thorsen Company, filed a four-count verified complaint for declaratory judgment in the circuit court of Cook County. At issue is the interpretation and constitutionality of section 15(e)(20) (the section) of the Real Estate Brokers and Salesmen License Act (Act) (Ill. Rev. Stat. 1981, ch....

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