RUGGERI v. CITY OF ST. LOUIS

No. 53489.

429 S.W.2d 765 (1968)

Henry P. RUGGERI, Jr., d/b/a Ruggeri's, Pope's Cafeterias, Inc., a Corporation, Collins Enterprises, Inc., a Corporation, Steak N Shake, Inc., a Corporation, White Castle System, Inc., a Corporation, St. Louis National Stockyards Co., a Corporation, Louis Lazzi, d/b/a Rigazzi's, Miss Hulling's Cafeteria, Inc., a Corporation, Tony's, Inc., a Corporation, Maryland Cafeteria, Inc., a Corporation, Forum Cafeterias of America, Inc., a Corporation, Leon Burrow, d/b/a Courtesy Sandwich Shop, Respondents, v. The CITY OF ST. LOUIS, a Municipal Corporation, Joseph T. Hayden, License Collector of the City of St. Louis, and John H. Poelker, Comptroller of the City of St. Louis, Appellants.

Supreme Court of Missouri, Division No. 1.

July 8, 1968.


Attorney(s) appearing for the Case

Charles S. Sigoloff, J. E. Sigoloff, St. Louis, for plaintiffs-respondents.

Gary M. Gaertner, City Counselor, Aubrey B. Hamilton, Assoc. City Counselor, St. Louis, for defendants-appellants.


HIGGINS, Commissioner.

Class action by restaurant operators for declaratory judgment and injunctive relief. Upon their motion, summary judgment was entered declaring Ordinance 54737 of the City of St. Louis unconstitutional, null and void, and enjoining its enforcement by appellants. Respondents have moved to dismiss this appeal on the theory that a subsequent ordinance repealed Ordinance 54737 and rendered all issues moot; however, the subsequent ordinance provides...

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