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FEDERATED DISTRIBUTORS, INC. v. JOHNSON

No. 86-2572.

163 Ill. App.3d 27 (1987)

516 N.E.2d 471

FEDERATED DISTRIBUTORS, INC., et al., Plaintiffs-Appellants, v. J. THOMAS JOHNSON, as Director of the Department of Revenue, et al., Defendants-Appellees.

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

Opinion filed October 22, 1987.

Attorney(s) appearing for the Case

William J. Harte, Ltd., Richard J. Prendergast, Ltd., and Jenner & Block, all of Chicago (William J. Harte, Richard J. Prendergast, John B. Simon, Russ M. Strobel, and Edward J. Lewis II, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Ann Plunkett-Sheldon, Assistant Attorney General, of Chicago, of counsel), for appellee.

Sidley & Austin, of Chicago (Samuel K. Skinner, Thomas A. Roberts, and Sally Hewitt, of counsel), for amicus curiae Wine Institute.

Kirkland & Ellis, of Chicago (George A. Joseph and Robert J. Kopecky, of counsel), for amicus curiae Anheuser-Busch.

Judgment reversed.

JUSTICE LINN delivered the opinion of the court:

Plaintiff Federated Distributors, Inc. (Federated), brings this appeal seeking reversal of a trial court order which upheld the constitutionality of an Illinois Department of Revenue (the Department) ruling imposing a $2-per-gallon tax on a product produced by Federated. The tax in question was imposed pursuant to the Liquor Control Act of 1934 (Ill. Rev. Stat. 1985, ch. 43, par. 94 et...

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