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PEOPLE EX REL. SCHOON v. CARPENTIER

No. 33036.

2 Ill.2d 468 (1954)

118 N.E.2d 315

THE PEOPLE ex rel. Cornelius P. Schoon et al., Petitioners, v. CHARLES F. CARPENTIER, Secretary of State, Respondent.

Supreme Court of Illinois.

Opinion filed March 17, 1954.

Attorney(s) appearing for the Case

ECKERT, PETERSON & LOWRY, of Chicago, (OWEN RALL, HENRY P.C.W. BARBER, and HERBERT C. LOTH, JR., of counsel,) for petitioners.

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and A. ZOLA, GROVES, of counsel,) for respondent.

DENEEN A. WATSON, and SEYMOUR M. LEWIS, both of Chicago, amici curiae.

Writ awarded.

Mr. JUSTICE MAXWELL delivered the opinion of the court.

An original mandamus action has been instituted in this court to compel the Secretary of State to issue motor vehicle licenses to resident citizens of Illinois without payment of a 2 per cent use tax on automobiles purchased by petitioners outside of Illinois. The issue presented is the constitutionality of the recently enacted Motor Vehicle Use Tax Act, effective August 1, 1953....

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