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O'LEARY v. ALLPHIN

No. 48329.

65 Ill.2d 268 (1976)

357 N.E.2d 491

THOMAS G. O'LEARY, Appellee, v. ROBERT H. ALLPHIN, Director of the Department of Revenue, et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 15, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Paul J. Bargiel, Patricia Rosen, Jayne A. Carr, and Steven Rosenberg, Assistant Attorneys General, of counsel), for appellants.

Ditkowsky and Contorer, of Chicago (Kenneth K. Ditkowsky, of counsel), for appellee.

Judgments reversed.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

On September 2, 1973, plaintiff, Thomas G. O'Leary, was arrested by agents of the Illinois Department of Revenue and charged with illegal transportation into Illinois of 27 cartons of unstamped cigarettes without a permit in violation of section 9c of the Cigarette Tax Act (Ill. Rev. Stat. 1973, ch. 120, par. 453.9c). He subsequently filed...

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