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ALLEGA v. ASSOCIATED THEATRES

No. 22414.

295 S.W.2d 849 (1956)

William ALLEGA et al. (139 other plaintiffs), Plaintiffs-Respondents, v. ASSOCIATED THEATRES, Inc., Martin B. Dickinson, Executor, etc., The City of Independence, Missouri, and Robert B. Waddill, Defendants-Appellants.

Kansas City Court of Appeals, Missouri.

October 1, 1956.

Attorney(s) appearing for the Case

J. Marcus Kirtley, James L. Gillham, Independence, Martin B. Dickinson, Kansas City, John F. Thice, Independence, for appellants.

Spencer, Fane, Britt & Browne, Arthur J. Doyle, Cornelius Roach, III, Kansas City, for respondents.

CAVE, Judge.

This is an action to have a rezoning ordinance of the City of Independence declared invalid because its provisions do not come within the purview of Ch. 89. RSMo 1949, V.A.M.S. The constitutionality of the ordinance was not decided by the trial court and is not called in question on this appeal, consequently this court has jurisdiction. Secs. 3 and 13 of Art. V, 1945 Constitution, V.A.M.S.; Juengel v. City...

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