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THEATRE CONTROL CORP. v. CITY OF DETROIT

Calendar No. 46, Docket Nos. 48,840, 50,178.

370 Mich. 382 (1963)

121 N.W.2d 828

THEATRE CONTROL CORPORATION v. CITY OF DETROIT.

Supreme Court of Michigan.

Decided June 3, 1963.

Attorney(s) appearing for the Case

William Henry Gallagher, David Newman, and Reymont Paul, for plaintiffs.

Honigman, Miller, Schwartz & Cohn (John Sklar, of counsel), for intervening plaintiffs Allied Supermarkets, Inc. (formerly ACF-Wrigley Stores, Inc.), and Davidson Bros., Inc.

Donald J. Prebenda, for intervening plaintiff Local 575, International Brotherhood of Bridge, Structural and Steel Workers of America, AFL-CIO.

Robert Reese, Corporation Counsel, and Vance G. Ingalls, Assistant Corporation Counsel, for defendants.

CARR, C.J.

This litigation has resulted from the action of the board of water commissioners of defendant city, taken on May 7, 1956, seeking to impose an annual "demand charge" for users of water furnished by the city system to parties operating air-conditioning equipment which did not recirculate the water. Such payment was in addition to the charge for water actually used and was based on equipment capacity. The added...

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