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PEARSON v. CITY OF WASHINGTON

No. 53782.

439 S.W.2d 756 (1969)

A. R. PEARSON, August G. Strubberg, John Arendall, Ambrose H. Volmert, T. E. Jacobs, Leo E. Parmenter, Bill Obermark, Frank C. Mense, F. Sida, Frank A. Nouss, Renee M. Nouss, and Charles J. Huether, Respondents, v. CITY OF WASHINGTON, a municipal corporation; August G. Strubberg, Mayor of the City of Washington, a municipal corporation; George E. Bocklage, Councilman: Grover H. Crismon, Jr., Councilman: William O. Eckelkamp, Councilman: George F. Gehlert, Councilman: Kenneth C. Haberberger, Councilman: Maurice F. Kamler, Councilman: Kenneth H. Sullentrub, Councilman: Walter H. Wunderlich, Councilman: and Kent D. Leichliter, City Administrator, Appellants.

Supreme Court of Missouri, Division No. 2.

April 14, 1969.

Attorney(s) appearing for the Case

James A. Cole, Union, Cox & Moffitt, William A. Moffitt, Jr., St. Louis, for respondents.

Leo A. Politte and Emil L. Poertner, Washington, for appellants.

STOCKARD, Commissioner.

Defendants have appealed from the judgment of the trial court holding Ordinance 3297 of the City of Washington, Missouri, to be in violation of certain statutes and therefore invalid. Respondents pleaded, and in their brief to this court they contend that the ordinance is also in violation of two provisions of the Constitution of this state, an issue that would require adjudication if a reviewing...

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