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CUTINELLO v. WHITLEY

No. 75468.

641 N.E.2d 360 (1994)

161 Ill.2d 409

204 Ill.Dec. 136

Connie CUTINELLO et al., Appellees, v. Douglas L. WHITLEY, Director of Revenue, et al. (County of Kane et al., Appellants).

Supreme Court of Illinois.

Dissenting Opinion June 1, 1994.

Rehearing Denied October 3, 1994.

Attorney(s) appearing for the Case

David R. Akemann, State's Atty., and George J. Sotos, Asst. State's Atty. (argued), J. Patrick Jaeger, Asst. State's Atty., St. Charles, James Ryan, State's Atty., Mark Shannahan, Asst. State's Atty., and Edward A. Burmila, Special Asst. State's Atty., Wheaton, and Gary W. Pack, State's Atty., and Mary Kay Walter, Asst. State's Atty., Woodstock, for appellants.

Myron M. Cherry, Cherry & Flynn, P.C., Robert L. Sklodowski, Sklodowski, Franklin, Puchalski & Reimer, and Lee J. Schwartz (argued), Chicago, for appellees.

Dissenting Opinion of Justice Freeman June 1, 1994.

Justice NICKELS delivered the opinion of the court:

Plaintiffs, as purchasers and retailers of motor fuel in Du Page, Kane, and McHenry Counties (Counties), brought a class action suit in the circuit court of Cook County challenging the constitutionality of the County Motor Fuel Tax Law (Ill.Rev.Stat.1991, ch. 34, par. 5-1035.1). This statute allows the counties...

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