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FRECKER v. DAYTON

No. 31765.

153 Ohio St. 14 (1950)

FRECKER, D. B. A. SCIOTO VALLEY DAIRY & ICE CREAM CO. (FRECKER'S ICE CREAM CO., SUBSTITUTED PLAINTIFF), APPELLEE, v. CITY OF DAYTON ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 15, 1950.

Attorney(s) appearing for the Case

Mr. J. Paul McNamara and Mr. Nicholas F. Nolan, for appellee.

Mr. Herbert S. Beane, city attorney, Mr. Maurice J. Gilbert and Mr. Joseph P. Duffy, for appellants.

BY THE COURT.

The brief of defendants recites the following history of the case:

"The plaintiff-appellee sought and obtained in the Court of Common Pleas of Montgomery County a finding that ordinance No. 16059 of the city of Dayton, Ohio, is unreasonable; that it has no real or substantial relation to public safety, health or welfare, and therefore that it is null and void and violative of the Constitutions of...

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