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CITY OF WINCHESTER v. GLOVER

97 S.E.2d 661 (1957)

199 Va. 70

CITY OF WINCHESTER, etc., et al., v. John D. GLOVER.

Supreme Court of Appeals of Virginia.

April 26, 1957.

Attorney(s) appearing for the Case

J. Randolph Larrick, Winchester, for appellant.

Henry H. Whiting, Winchester (J. Sloan Kuykendall, Thomas V. Monahan, Winchester, on the brief), for appellee.

Before HUDGINS, C. J., and EGGLESTON, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.

WHITTLE, Justice.

Glover was denied a permit to erect a gasoline service station by the City of Winchester; whereupon he filed a bill in chancery attacking the constitutionality of Chapter 10, section 16 of the City Code under which the request was denied, and prayed that the city be required to issue the permit.

The issues were submitted to the court on the pleadings. After argument the chancellor entered an order declaring the section unconstitutional and...

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