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JOJAN CORP. v. KUSPER

No. 86-0287.

173 Ill. App.3d 622 (1987)

528 N.E.2d 989

JOJAN CORPORATION, Indiv. and as representative of a class, Plaintiff-Appellant, v. STANLEY T. KUSPER, JR., Defendant-Appellee.

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

Modified on denial of rehearing September 19, 1988.

Attorney(s) appearing for the Case

Bernard Allen Fried, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry and Susan Condon, Assistant State's Attorneys, of counsel), for appellee.

Affirmed in part and vacated in part.

JUSTICE MANNING delivered the opinion of the court:

The plaintiff, Jojan Corporation, brought this action in the circuit court of Cook County challenging the constitutionality of section 235a of the Revenue Act of 1939, as amended, known as the Scavenger Act (Ill. Rev. Stat. 1983, ch. 120, par. 716a).

The Scavenger Act was enacted in 1939 to clean up a hopeless tax delinquency situation and restore these delinquent...

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