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ABC LIQUIDATORS, INC. v. KANSAS CITY

No. 46954.

322 S.W.2d 876 (1959)

ABC LIQUIDATORS, INC. and Wilbur Swearingen and George Jacobs, d/b/a Reliable Auction, Plaintiffs-Respondents, v. KANSAS CITY, Missouri, a Municipal Corporation, and H. Roe Bartle, Mayor of Kansas City, Missouri, et al., Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

April 13, 1959.

Attorney(s) appearing for the Case

Benj. M. Powers, City Counselor, John J. Cosgrove, Associate City Counselor, Timothy D. O'Leary, Kansas City, for appellants.

Jack B. Robertson, Kansas City, for respondent ABC Liquidators, Inc.

DALTON, Judge.

This is an appeal from a judgment entered against the City of Kansas City, Missouri, and certain named administrative officials of said municipality, permanently restraining them from enforcing the city's ordinance prohibiting the holding of public auctions on Sunday. Plaintiffs' petition set out the questioned ordinance and challenged its constitutionality and validity, as hereinafter stated. Defendants...

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