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PASSLER v. JOHNSON

No. 45886.

304 S.W.2d 903 (1957)

Marion PASSLER, d/b/a Passler's Restaurant, Respondent, v. Fred R. JOHNSON, Director of Liquor Control of Kansas City, Missouri, and City of Kansas City, Missouri, a Municipal Corporation, Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer Denied September 9, 1957.

Attorney(s) appearing for the Case

Benj. M. Powers, City Counselor, James H. Coonce, Asst. City Counselor, James A. Moore, Kansas City, for appellants.

Robert L. Jackson, George V. Aylward, Dean C. Allard, Edward F. Aylward, Kansas City, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied September 9, 1957.

COIL, Commissioner.

The trial court permanently enjoined appellants, Kansas City and its director of liquor control, hereinafter called defendants, from enforcing certain subsections of Kansas City's liquor control ordinance for the stated reason that the city "exceeded its powers under the statutes, Constitution, and the Charter * * *, in enacting Chapter 25, Subsection 15(b),...

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