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CITY OF SAN ANTONIO v. PRODUCERS ASS'N OF SAN ANTONIO

No. 3383.

314 S.W.2d 413 (1958)

The CITY OF SAN ANTONIO, Appellant, v. PRODUCERS ASSOCIATION OF SAN ANTONIO, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 13, 1958.

Attorney(s) appearing for the Case

Carlos C. Cadena, City Atty., Charles L. Smith, Asst. City Atty., San Antonio, for appellant.

Frank D. Masters, Harold Nelson, San Antonio, for appellee.

WALTER, Justice.

This is an appeal from a judgment granting a temporary injunction in favor of Producers Association of San Antonio against the City of San Antonio from enjoining an ordinance providing for the collection of an inspection fee to be paid by all producers of milk sold in the City of San Antonio.

The city predicates its appeal on six points of error which are substantially as follows: (1) the charges imposed by the ordinance are license fees and...

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