OLAN MILLS, INC. v. CITY OF ELIZABETHTOWN


269 S.W.2d 201 (1954)

OLAN MILLS, Inc. v. CITY OF ELIZABETHTOWN et al.

Court of Appeals of Kentucky.

June 25, 1954.


Attorney(s) appearing for the Case

Redwine & Redwine, Winchester, J. E. Wise, Elizabethtown, Joe Van Derveer, Chattanooga, Tenn., for appellant.

Floyd K. Hollan, Elizabethtown, for appellees.


STEWART, Justice.

The only question presented on this appeal is whether an ordinance, enacted by the city council of Elizabethtown, imposes an undue and discriminatory burden upon interstate commerce in violation of Article I, § 8, Clause 3 of the Constitution of the United States, commonly known as the "commerce clause," and is therefore unenforceable as to appellant, a nonresident corporation doing business in Kentucky. When we employ the term "nonresident...

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