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SUNFLOWER TIP TOP DAIRIES CO. v. CITY OF JUNCTION CITY

No. 43,488

192 Kan. 568 (1964)

389 P.2d 845

SUNFLOWER TIP TOP DAIRIES CO., Appellee, v. CITY OF JUNCTION CITY, KANSAS, A Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Robert A. Schermerhorn, of Junction City, argued the cause, and C.L. Hoover and William R. King, of Junction City, were with him on the briefs for the appellant.

R.H. Royer, of Abilene, argued the cause, and Paul H. Royer, James C. Johnson and Charles E. Bogan, of Abilene, were with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This action was brought by Sunflower Tip Top Dairies Co. (plaintiff-appellee) to enjoin the enforcement of ordinance No. G-158 passed by the City of Junction City (defendant-appellant), which ordinance established certain license or regulatory fees to be paid by milk producers and distributors whose milk is sold or offered for sale within the city.

Prior to January 1, 1961, the plaintiff sold milk...

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