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THUNDER OIL COMPANY v. CITY OF SUNSET HILLS

No. 47975.

349 S.W.2d 82 (1961)

THUNDER OIL COMPANY, a Corporation, Respondent, v. CITY OF SUNSET HILLS, Violet Wohlschlaeger, Alwal Moore, and Al Kitun, Appellants.

Supreme Court of Missouri, In Banc.

Rehearing Denied September 11, 1961.

Attorney(s) appearing for the Case

Robert C. Jones, Harold S. Cook, Cook, Murphy, Lance & English, St. Louis, for appellants.

Robert Grant Walsh, William H. Corcoran, Richard J. Brown, Walsh, Hamilton & Corcoran, St. Louis, for respondent.

Carroll J. Donohue, Shulamith Simon, Myron Gollub, Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, for City of Olivette, amicus curiae.

F. William Human, Jr., Ziercher, Tzinberg, Human & Michenfelder, Clayton, for St. Louis County League of Municipalities, amicus curiae.

EAGER, Judge.

In this suit plaintiff seeks to restrain the enforcement of an ordinance and to have it declared void. We shall refer to the parties as they appeared below. Defendant Sunset Hills is a city of the fourth class in St. Louis County. Plaintiff operates a filling station at an important junction of highways within the city limits as, in fact, it did prior to the City's incorporation in June 1957. The individual defendants are officials of the City and have...

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