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OIL HEAT INSTITUTE v. TOWN OF MUKILTEO

No. 40472.

78 Wn.2d 1 (1970)

469 P.2d 547

THE OIL HEAT INSTITUTE OF WASHINGTON et al., Appellants, v. THE TOWN OF MULKILTEO et al., Respondents.

The Supreme Court of Washington, En Banc.

May 14, 1970.

Attorney(s) appearing for the Case

Rutherford, Kargianis & Austin, for appellants.

Anderson & Hunter, Paul D. Hansen, Cartano, Botzer & Chapman, and Robert A. O'Neill, for respondents.

PER CURIAM:

Plaintiffs appeal from a summary judgment dismissing their claim that ordinance No. 153 of the town of Mukilteo is "unconstitutional and void, illegal, improper and of no force or effect."

We do not reach the merits of the claim alleged. The sole question before us on summary judgment is whether the trial court correctly determined that no material question of fact is presented by the record.

Plaintiff, Oil Heat Institute of Washington...

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