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A & H TRANSP. INC. v. MAYOR AND CITY COUNCIL OF BALTIMORE

[No. 118, September Term, 1967.]

249 Md. 518 (1968)

240 A.2d 601

A & H TRANSP. INC., T/A SAVON GAS STATIONS v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. (APPEAL NO. 1) MARYLAND ASSOCIATION OF PETROLEUM RETAILERS, INC., AND MAYOR AND CITY COUNCIL OF BALTIMORE v. BAKER (APPEAL NOS. 2 AND 3)

Court of Appeals of Maryland.

Decided April 11, 1968.

Attorney(s) appearing for the Case

Clayton A. Dietrich, Chief Assistant Solicitor, with whom was Joseph Allen, City Solicitor, Paul A. Dorf and Frank B. Cahn on the brief, for appellees.

Appeal Nos. 2 and 3 — Clayton A. Dietrich, Chief Assistant Solicitor, with whom was Joseph Allen, City Solicitor, on the brief, for appellant Mayor and City Council of Baltimore.

Paul A. Dorf, with whom was Frank B. Cahn, on the brief, for appellant Maryland Association of Petroleum Retailers, Inc.

E. Thomas W. Stahl for appellee.

Amicus curiae brief filed by George F. Rosner, (Francis D. Murnaghan, Jr., and Joseph H.H. Kaplan on the brief) and by Robert V. Patterson (Thomas D. Washburne on the brief).

BARNES, J., delivered the opinion of the Court.

This is an appeal by the defendant below, Mayor and City Council of Baltimore (City), a municipal corporation, and intervening defendant below, Maryland Association of Petroleum Retailers, Inc. (the Association), a body corporate, from a decree of the Circuit Court of Baltimore City (Cardin, J.) declaring invalid and unconstitutional City Ordinance 735 which, inter alia, prohibits the display of any gasoline price...

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