CITY COUNCIL OF BALTIMORE v. A.S. ABELL CO.

[No. 123, September Term, 1958.]

218 Md. 273 (1958)

145 A.2d 111

MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. A.S. ABELL COMPANY ET AL. (Seventeen Appeals In One Record)

Court of Appeals of Maryland.

Motion for rehearing filed November 13, 1958.

Denied November 20, 1958.


Attorney(s) appearing for the Case

Hugo A. Ricciuti, Deputy City Solicitor of Baltimore, and Carl H. Lehmann, Jr., Assistant City Solicitor, with whom were Thomas N. Biddison, City Solicitor, William H. Marshall, Assistant City Solicitor, and Aaron A. Baer, Assistant City Solicitor, on the brief for appellants.

William L. Marbury, with whom were Franklin G. Allen and Piper & Marbury on the brief, for Associated Dry Goods Corporation, and fifteen other retail merchants, appellees.

William L. Marbury, with whom were Charles C.G. Evans, Franklin G. Allen and Piper & Marbury on the brief, for The Baltimore Radio Show, Inc., and The Baltimore Broadcasting Company, appellees.

Richard F. Cleveland, with whom were James P. Garland and Semmes, Bowen & Semmes on the brief, for A.S. Abell Company, appellee.

Joseph Sherbow, with whom were Edward F. Shea, Jr., and Sherbow & Sherbow on the brief, for Baltimore News-American Division of Hearst Consolidated Publications, Inc., and WBAL Division of the Hearst Corporation, appellees.

Harrison L. Winter, with whom was Theodore C. Waters on the brief, for Westinghouse Broadcasting Company, Inc. (Maryland), appellee.

Frank B. Ober and Alexander Harvey, II, with whom were Thomas W. Jamison, III, and Ober, Williams, Grimes & Stinson on the briefs, for C.H. Musselman Company, Pepsinic Seltzer Corporation and Donnelly Advertising Corporation, appellees.

William Bruce Oswald, with whom was J. Purdon Wright on the brief, for The Baltimore Broadcasting Corporation (WCBM), appellee.

Nelson B. Lasson for H. Milton Lasson and Nelson B. Lasson, appellees.

Harrison L. Winter, with whom was Clyde Y. Morris on the brief, for Plough Broadcasting Company, Inc., appellee.

Submitted on brief by Charles Mindel and Buckmaster, White, Mindel & Clarke for Sadie Alter and Geraldine Buerger, co-partners trading as "The Jewish Times", appellee, and by Harry O. Levin and Marshall A. Levin for The Afro American Company, appellee.

No brief and no appearance for The Key Broadcasting Company, Belvedere Broadcasting Corporation and Thirteen-Sixty Broadcasting Co., Inc., appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ. and NILES, Chief Judge of the Supreme Bench of Baltimore City, specially assigned.


PRESCOTT, J., delivered the opinion of the Court.

These appeals involve the validity vel non of Ordinances 1097 and 1098 approved by the Mayor and City Council of Baltimore on November 15, 1957. At the conclusion of the trial below, a final order was passed which declared that both ordinances were unconstitutional and void except insofar as they provided for a refund of the taxes paid thereunder, and enjoined the Mayor and City Council of Baltimore and the...

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