ST. LOUIS PUBLIC SERVICE COMPANY v. CITY OF ST. LOUIS

No. 45785.

302 S.W.2d 875 (1957)

ST. LOUIS PUBLIC SERVICE COMPANY, a Corporation, Appellant, v. The CITY OF ST. LOUIS, a Municipal Corporation, John H. Poelker, Comptroller of the City of St. Louis, and Joseph Hayden, License Collector of the City of St. Louis, Respondents.

Supreme Court of Missouri. En Banc.

Dissenting Opinion June 18, 1957.


Attorney(s) appearing for the Case

Gaylord C. Burke, St. Louis, H. M. Stolar, Norman Begeman, St. Louis, for appellant.

James V. Frank, City Counselor, Forrest G. Ferris, Jr., Associate City Counselor, John J. Shanahan, Associate City Counselor, St. Louis, for respondents.

Benj. M. Powers, City Counselor, Frank O. Knight, Asst. City Counselor, Kansas City, amicis curiae, for Kansas city.

John H. Hendren (of Hendren & Andrae), Jefferson City, William S. Hogsett, Powell C. Groner (of Hogsett, Houts, James, Randall & Hogsett), Kansas City, amicis curiae.


HOLMAN, Commissioner.

This proceeding for a declaratory judgment was instituted by plaintiff St. Louis Public Service Company against the City of St. Louis, Milton Carpenter, Comptroller of said city, and Joseph Hayden, License Collector thereof, to determine the validity of Section 12, Chapter 14, Revised Code of the City of St. Louis, Missouri, 1948, which imposes an annual operating tax in a sum equal to 5% of the gross receipts derived from transportation of passengers...

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