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AIRWAY DRIVE-IN THEATRE CO. v. CITY OF ST. ANN

No. 48002.

354 S.W.2d 858 (1962)

AIRWAY DRIVE-IN THEATRE CO., Inc., a corporation, St. Louis Amusement Co., a corporation, and Herbert P. Hartstein, doing business as Skyline Drive-In Theatre, Appellants, v. CITY OF ST. ANN, a municipal corporation, Clarence G. Tiemeyer, Mayor of the City of St. Ann, and Maurice H. McCue, Chief of Police and Collector of the City of St. Ann, Respondents.

Supreme Court of Missouri, En Banc.

March 12, 1962.

Attorney(s) appearing for the Case

Flynn, Parker & Badaracco, Norman C. Parker, St. Louis, for appellants.

William R. Dorsey, Clayton, for respondents.

STOCKARD, Commissioner.

Appellants seek a declaratory judgment declaring unconstitutional and void that portion of Ordinance No. 288 of the City of St. Ann which purports to levy an annual license tax on drive-in theaters of $1.50 per speaker. The trial court dismissed their petition and they have appealed contending, as they did in the trial court, that the challenged portion of the ordinance violates Section 3, Article X of the Constitution of Missouri, V.A.M.S...

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