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KERASOTES RIALTO THEATER CORP. v. CITY OF PEORIA

No. 51003.

77 Ill.2d 491 (1979)

397 N.E.2d 790

KERASOTES RIALTO THEATER CORPORATION et al., Appellees, v. THE CITY OF PEORIA et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 21, 1979.

Attorney(s) appearing for the Case

David L. Thomas and Brian M. Nemenoff, of Peoria, for appellants.

Cassidy, Cassidy, Mueller & Price, of Peoria (Richard D. Price, Jr., of counsel), for appellees.

Affirmed in part and reversed in part.

MR. JUSTICE RYAN delivered the opinion of the court:

This is a direct appeal to this court under Rule 302(b) (58 Ill.2d R. 302(b)) from an order of the circuit court of Peoria County declaring the city of Peoria tax on admissions to amusements unconstitutional.

On October 22, 1976, plaintiffs, who are principally owners of theaters in Peoria, filed a complaint for declaratory judgment challenging the validity...

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