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ROE v. SALT LAKE CITY

No. 10974.

437 P.2d 195 (1968)

20 Utah 2d 266

Bryce E. ROE, Ralph L. Jerman and B.L. Dart, Jr., doing business as Roe, Jerman & Dart, a partnership, and Roe, Jerman & Dart, a business partnership, Plaintiffs and Respondents, v. SALT LAKE CITY, a municipal corporation, Defendant and Appellant.

Supreme Court of Utah.

January 23, 1968.

Attorney(s) appearing for the Case

Homer Holmgren, Salt Lake City Atty., Salt Lake City, for defendant and appellant.

Robert S. Campbell, Jr., Gordon L. Roberts, Salt Lake City, for plaintiffs and respondents.

HENRIOD, Justice:

Appeal from a summary judgment in a case brought under the declaratory judgment act,1 declaring a city ordinance2 designed to raise revenue by taxing "businesses," unconstitutionally discriminatory against "law partnership-business" because of the imposition of a higher tax against such "businesses" than that imposed against other and nonprofessional "businesses." Affirmed, with no costs on...

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