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CALVE BROS. CO. v. NORWALK

143 Conn. 609 (1956)

THE CALVE BROTHERS COMPANY v. CITY OF NORWALK

Supreme Court of Connecticut.

Decided July 17, 1956.

Attorney(s) appearing for the Case

John Keogh, Jr., with whom, on the brief, were Walton Clark, Jr., and John J. Relihan, for the appellant (plaintiff).

C. Driscoll Grimes, with whom were Harry E. Peden, Jr., and, on the brief, John J. Sullivan, for the appellee (defendant).

BALDWIN, O'SULLIVAN, WYNNE, DALY and COMLEY, JS.

BALDWIN, J.

The plaintiff brought this action for an injunction to restrain the enforcement of an ordinance of the city of Norwalk regulating the removal of soil for sale or for use except on the premises and providing penalties for its violation, and for a declaratory judgment that the ordinance is not constitutionally valid. The court held the ordinance valid, sustained the action of the council of the city taken pursuant to it and refused to issue an injunction...

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