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TANKERSLEY BROS. INDUSTRIES v. CITY OF FAYETTEVILLE

No. 5-1104.

296 S.W.2d 412 (1956)

TANKERSLEY BROTHERS INDUSTRIES, Inc., Appellant, v. CITY OF FAYETTEVILLE, Arkansas, et al. Appellees.

Supreme Court of Arkansas.

December 17, 1956.

Attorney(s) appearing for the Case

Hardin, Barton, Hardin & Garner, Ft. Smith, Dickson & Putman and Ray Trammell, Fayetteville, for appellant.

A. D. McAllister, Jr., and Glen Wing, Fayetteville, for appellees.

HOLT, Justice.

This is a suit by the City of Fayetteville, Arkansas, and two property owners to require the removal of a building constructed under a permit from the City, and to enjoin other uses of its property by the defendant alleged to be in violation of zoning ordinances.

Defendant, Tankersley Brothers Industries, Inc., is a wholesale distributor of frozen foods with its principal warehouse and place of business at Fort Smith, Arkansas. In September...

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