BARHORST v. CITY OF ST. LOUIS

No. 52268.

423 S.W.2d 843 (1967)

Frank BARHORST et al., Appellants, v. The CITY OF ST. LOUIS, a Municipal Corporation, et al., Respondents.

Supreme Court of Missouri, En Banc.

As Modified February 12, 1968.

Rehearing Denied February 12, 1968.


Attorney(s) appearing for the Case

Grove G. Sweet, Sweet, Schwarz & McGhee, St. Louis, for plaintiffs-appellants.

Thomas F. McGuire, City Counselor, Aubrey B. Hamilton, Assoc. City Counselor, Raymond A. Bruntrager, St. Louis, for defendants-respondents.


SEILER, Judge.

Plaintiffs, consisting of twenty-eight individuals and one corporation, instituted this action for a declaratory judgment challenging the constitutionality of (1) the enabling legislation for what is known as the "St. Louis earning tax," act approved April 21, 1954, Laws 1953, 2nd Ex.Sess., p. 14, now Secs. 92.110 to 92.200, RSMo 1959, V. A.M.S.; (2) the provision of the Charter of the City of St. Louis authorizing the earnings tax; and (3) the St....

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