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SUNFLOWER TIP TOP DAIRIES CO. v. CITY OF RUSSELL

No. 42,211

188 Kan. 238 (1961)

362 P.2d 76

SUNFLOWER TIP TOP DAIRIES Co., Appellant, v. CITY OF RUSSELL, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1961.

Attorney(s) appearing for the Case

R.H. Royer of Abilene argued the cause, and Paul H. Royer and James C. Johnson, both of Abilene, and Marvin E. Thompson, G.W. Holland, and Clifford R. Holland, Jr., all of Russell, were with him on the briefs for the appellant.

Harold W. McCombe of Russell argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

As of the effective date of September 15, 1959, the City of Russell amended its then ordinance governing the sale of milk within the city. The principal change in the ordinance was the imposition of permit fees upon milk producers, haulers, and operators of milk plants or wholesale distributors. After certain inquiries made at the time the amended ordinance became effective, the Sunflower Tip Top Dairies...

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