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STA-WHIP SALES COMPANY v. CITY OF ST. LOUIS

No. 45723.

307 S.W.2d 495 (1957)

STA-WHIP SALES COMPANY, a corporation, Appellant, v. The CITY OF ST. LOUIS, a municipal corporation; Raymond R. Tucker, Mayor of the City of St. Louis; Dr. J. Earl Smith, Health Commissioner of the City of St. Louis; I. A. Long, President of the Board of Police of the City of St. Louis, and John M. Dalton, Attorney General of the State of Missouri, Respondents.

Supreme Court of Missouri. Division No. 2.

December 9, 1957.

Attorney(s) appearing for the Case

Ray T. Dreher, St. Louis, for plaintiffappellant.

James V. Frank, City Counselor, William B. Anderson, Asst. City Counselor, St. Louis, for respondents, The City of St. Louis, a Municipal Corp., Raymond R. Tucker, Mayor of City of St. Louis; Dr. J. Earl Smith, Health Comr. of City of St. Louis; I. A. Long, President of Bd. of Police Comrs. of the City of St. Louis.

LEEDY, Judge.

Action under the Declaratory Judgment Act (§§ 527.010-527.140, RSMo and VAMS) for judgment declaring the milk control ordinance of the City of St. Louis (No. 47605) to be unconstitutional and void, "and to declare the plaintiff's rights, status and other legal relations arising under the purported ordinance aforesaid * * *." Separate motions to dismiss were filed respectively by the Attorney General on the one hand, and by all other defendants...

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