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STEFFEY v. CITY OF CASPER

Nos. 2908, 2933.

358 P.2d 951 (1961)

Paul E. STEFFEY, L. Louise Steffey and Florence Slack, Partners, doing business under the name and style of Zephyr Cleaners, the Sperry and Hutchinson Company, a corporation, and Gold Bond Stamps, Inc., a corporation, Appellants, (Plaintiffs below), v. CITY OF CASPER, a municipal corporation, W.S. Anderson, Mayor of the City of Casper, Paul Danigan, Chief of Police of the City of Casper, and Frank Bowron, Municipal Magistrate of the City of Casper, as agents of the City of Casper, Natrona County, Wyoming, Appellees, (Defendants below). Norman B. GRAY (substituted for Thomas O. Miller), Attorney General of the State of Wyoming, Bernard E. Cole, County and Prosecuting Attorney, Laramie County, Wyoming, Norbert E. Tuck, Sheriff, Laramie County, Wyoming, Appellants, (Defendants below), v. GOLD BOND STAMPS, INC., a corporation, National Gift Seal Company of Wyoming, a corporation, Pioneer Savings Stamps, Inc., of Colorado, a corporation, the Sperry and Hutchinson Company, a corporation, Appellees, (Plaintiffs below).

Supreme Court of Wyoming.

January 23, 1961.

Attorney(s) appearing for the Case

In support of the petition for rehearing, there was a brief for the appellants in Case No. 2908 and appellees in Case No. 2933 by Robert A. Burgess, Casper, for Paul E. Steffey, L. Louise Steffey and Florence Slack; by George F. Guy of Guy & Phelan, Cheyenne, for National Gift Seal Company of Wyoming and Pioneer Savings Stamps, Inc.; by John U. Loomis of Loomis, Lazear & Wilson, Cheyenne, for The Sperry and Hutchinson Company; and by William J. Wehrli, Casper, for Gold Bond Stamps, Inc.; Robert W. Sweet, Casey, Lane & Mittendorf, New York City, and Levitt, Palmer & Rogers, Minneapolis, Minn., of counsel. Oral argument for petitioners by Mr. Wehrli.

In answer to brief in support of petition for rehearing, there was a brief for the appellees in Case No. 2908 by Robert R. Rose, Jr., Casper, and for appellants in Case No. 2933 by Norman B. Gray, Atty. Gen., Cheyenne. Oral argument by Mr. Rose and Mr. Gray.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

A petition for rehearing was filed herein, alleging the court erred in holding § 2(b) of the Trading Stamp Act, Ch. 84, S.L. of Wyoming, 1959, unconstitutional and severable, and thereby extended the prohibition on the issuance of trading stamps to merchants issuing their own stamps who had theretofore been exempted by § 2(b), contrary to Art. 2, § 1 of the Wyoming Constitution and the 14th...

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