FELT v. CITY OF DES MOINES

No. 48974.

78 N.W.2d 857 (1956)

Earl FELT, Appellant, v. CITY OF DES MOINES, and Abraham Gelperin, Director of Public Health of the City of Des Moines, Appellees, J. J. Van Dreser, Mayor of the City of Des Moines, Allan Denny, Ray Mills, Ruby Holton and Charles Iles, Members of the City Council of the City of Des Moines, and Leonard G. Howell, City Manager of the City of Des Moines, Added Appellees.

Supreme Court of Iowa.

October 16, 1956.


Attorney(s) appearing for the Case

Holliday, Miller, Myers & Stewart and James M. Stewart, Des Moines, for appellant.

Wade Clarke, Cloid I. Level, and Leo Ballard, Des Moines, for appellees.


PETERSON, Justice.

There is only one question in this case: whether or not City of Des Moines by ordinance exceeded its authority in establishing an inspection fee of one cent for each one hundred weight of fluid milk sold in Des Moines by producers residing outside the city.

Plaintiff lives in Dallas County and is a producer of Grade A milk for the Des Moines market. He is a member of an association known as Des Moines Cooperative Dairy, which is composed...

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