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LEATHERS v. CITY OF BURNS

444 P.2d 1010 (1968)

Charles C. LEATHERS, Doing Business As Leathers Oil Co., Respondent, v. The CITY OF BURNS, a Municipal Corporation, Appellant, William E. Garner, C.R. Bennett, Robert E. Cole, Orville W. Corbett, Homer Morrison, Leonard Taylor, Dale White, George P. Hughet, L.J. Larsen, and James Richardson, Defendants.

Supreme Court of Oregon, In Banc.

Decided September 18, 1968.

Attorney(s) appearing for the Case

Ronald L. Marceau, Bend, and Wendell Gronso, Burns, argued the cause for appellant. On the briefs were McKay, Panner, Johnson & Marceau, Bend.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were McColloch, Dezendorf & Spears and Wayne Hilliard, Portland, and McAllister, Burns, Gustafson & Lock, Gresham.

Before PERRY, C.J., and O'CONNELL, GOODWIN, DENECKE, HOLMAN, and LUSK, JJ.

Argued and Submitted at Pendleton May 6, 1968.

LUSK, Justice.

This case involves the constitutionality of two ordinances of the City of Burns, Oregon, regulating the storage and delivery of gasoline. The plaintiff, who operates a gasoline service station in the city, sought, by his complaint, a declaration that the ordinances violate the due process and equal protection clauses of the Federal and state constitutions and prayed for an injunction against their...

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