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BRINEGAR v. CLARK

No. 3020.

371 P.2d 62 (1962)

Lee Roy BRINEGAR, Appellant (Plaintiff below), v. Burton L. CLARK, State Fire Marshal, Appellee (Defendant below).

Supreme Court of Wyoming.

Rehearing Denied July 9, 1962.

Attorney(s) appearing for the Case

George F. Guy, Walter B. Phelan, of Guy & Phelan, Cheyenne, for appellant.

Norman B. Gray, Atty. Gen., and W.M. Haight, Deputy Atty. Gen., Cheyenne, for appellee.

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

Mr. Justice PARKER delivered the opinion of the court.

Plaintiff on April 18, 1959, opened a coin-operated service station in Rock Springs. When on April 23, 1959, he was given twenty-four hours by town authorities for compliance with the state fire code, he brought a declaratory judgment action challenging the constitutionality of §§ 35-431 — 35-433, W.S. 1957, under which the state fire marshal had acted, and § 35-421, W.S. 1957, which sets...

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