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HURON PORTLAND CEMENT CO. v. CITY OF DETROIT

Docket No. 63, Calendar No. 47,364.

355 Mich. 227 (1959)

93 N.W.2d 888

HURON PORTLAND CEMENT COMPANY v. CITY OF DETROIT.

Supreme Court of Michigan.

Probable jurisdiction October 12, 1959.

Attorney(s) appearing for the Case

Beaumont, Smith & Harris, for plaintiff.

Nathaniel H. Goldstick, Corporation Counsel, and John F. Hathaway, Assistant Corporation Counsel, for defendants.

Amici Curiae:

Paul L. Adams, Attorney General. Samuel J. Torina, Solicitor General, Nicholas V. Olds and Jerome Maslowski. Assistants Attorney General, for State of Michigan.

Hill, Lewis, Andrews, Granse & Adams (Marlin F. Scholl. of counsel), for Great Lakes Shipowners Association.

Gilbert R. Johnson and Scott H. Elder (Johnson, Branand & Jaeger, of counsel), for Lake Carriers' Association.

Probable jurisdiction noted by the Supreme Court of the United States October 12, 1959.

VOELKER, J.

The defendant city of Detroit has a comprehensive ordinance (No 167-E)* entitled "Smoke Abatement Code" which provides that it shall be unlawful within that city to permit the emission of smoke of a density equal to or greater than that described as No 2 Ringlemann Chart (a standard accepted...

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