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BABCOCK v. ELLIOTT

No. 31020.

403 Ill. 329 (1949)

86 N.E.2d 354

RICHARD F. BABCOCK et al., Appellees, v. IVAN A. ELLIOTT, Attorney General, et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 19, 1949.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and JAMES C. MURRAY, all of Chicago, of counsel,) for appellants.

OVERTON & BABCOCK, (GEORGE W. OVERTON, of counsel,) both of Chicago, for appellees.

Decree affirmed.

Mr. JUSTICE WILSON delivered the opinion of the court:

The plaintiff, Richard F. Babcock, filed his complaint in the circuit court of Cook County against the defendants, the Attorney General and the Director of Revenue of the State, seeking a declaration that the Illinois Cigarette Tax Act (Ill. Rev. Stat. 1947, chap. 120, par. 453.1 et seq.) violates Federal and State constitutional guaranties in the respects enumerated. Thereafter...

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