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HACKLER v. CITY OF FORT SMITH

No. 5-3305.

377 S.W.2d 875 (1964)

James M. HACKLER et al., Appellants, v. CITY OF FORT SMITH et al., Appellees.

Supreme Court of Arkansas.

April 27, 1964.

Attorney(s) appearing for the Case

Bethell & Pearce, Ft. Smith, A. F. House, Little Rock, for appellant.

G. Byron Dobbs and Thomas Harper, Ft. Smith, for appellee.

McFADDIN, Justice.

This suit is an attack by appellants1 on the validity of Ordinance 2421 of the City of Fort Smith, which ordinance reads:

"ORDINANCE NO. 2421

"AN ORDINANCE PROHIBITING BLASTING IN ROCK QUARRIES WITHIN THE CITY LIMITS OF FORT SMITH.

"BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT SMITH:

"SECTION 1. No blasting or use of explosives in quarrying operations in rock quarries...

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