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CITY OF CHARLESTON v. McCUTCHEON

Nos. 41499, 41554, 41591.

227 S.W.2d 736 (1950)

CITY OF CHARLESTON ex rel. BRADY et al. v. McCUTCHEON et al. CITY OF FREDERICKTOWN ex rel. BRADY et al. v. MERCIER et al. CITY OF SIKESTON ex rel. BRADY et al. v. McCUTCHEON et al.

Supreme Court of Missouri, en Banc.

Rehearing Denied March 13, 1950.

Attorney(s) appearing for the Case

R. P. Smith, Robert G. Brady, Cape Girardeau, for appellants.

Bailey & Craig, Sikeston, for respondents O. W. McCutcheon, Richard Logan, W. R. McCutcheon and Duree Medley.

Melvin Englehart, Fredericktown, Finch & Finch, Cape Girardeau, for respondents Valle Mercier and L. A. Mercier.

Oliver & Oliver, Cape Girardeau, amicus curiae.

CONKLING, Judge.

Each of the appeals in these three cases presents to us the question of the constitutionality of the same statutes, R.S.Mo. 1939, Secs. 14958 to 14961, inclusive, Mo.R.S.A. Those statutes (among other things) required aisles three feet in width between the ends of the rows of seats and the outer side walls, in certain places of public amusement. Penalties for any violation were provided.

Robert G. Brady and R. P. Smith, the appellants in each...

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