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ADAMS APPLE DISTRIBUTING CO. v. ZAGEL

No. 85-2550.

152 Ill. App.3d 157 (1986)

501 N.E.2d 302

ADAMS APPLE DISTRIBUTING COMPANY, Plaintiff-Appellant, v. JAMES B. ZAGEL, Director of State Police, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 20, 1986.

Attorney(s) appearing for the Case

Katten, Muchin, Zavis, Pearl & Galler, of Chicago (Francis X. Grossi, Jr., and Barry J. Parker, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Imelda R. Terrazino, Assistant Attorney General, of Chicago, of counsel), for appellee.

Order affirmed.

JUSTICE JIGANTI delivered the opinion of the court:

This action arises out of the search and seizure of the business premises of the plaintiff, Adams Apple Distributing Company. Adams Apple sought in its complaint a declaration that sections 2 and 3 of the Drug Paraphernalia Control Act (Act) are unconstitutional (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 2101 et seq.). In addition, Adams Apple requested injunctive relief and damages against...

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