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MANOR BAKING CO. v. CITY OF TOPEKA

No. 38,059

170 Kan. 292 (1950)

225 P.2d 89

MANOR BAKING COMPANY, a corporation, Appellee, v. THE CITY OF TOPEKA, a municipal corporation; F.J. WARREN, Mayor; J. GLENN DAVIS, City Commissioner; HARRY C. SNYDER, City Commissioner; LLOYD B. SMITH, City Commissioner; C. MADISON WILLIAMS, City Commissioner; and FRANK P. ERESCH, City Attorney, Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1950.

Attorney(s) appearing for the Case

Frank P. Eresch, city attorney, and Peter F. Caldwell, assistant city attorney, argued the cause, and were on the briefs for appellants.

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis and James W. Porter, all of Topeka, and Frazor T. Edmondson, of Dallas, Texas, were with him on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

This appeal grows out of an attempt by the governing body of the city of Topeka to regulate the manner in which the Manor Baking Company (hereinafter referred to as plaintiff) is to operate and conduct its business in Topeka. Plaintiff's action, as originally brought, sought to declare the provisions of G.S. 1947 Supp. 12-2001, as amended by House bill 223 (being chapter 119,

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