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PETROLENE, INC. v. CITY OF ARNOLD

No. 58298.

515 S.W.2d 551 (1974)

PETROLENE, INC., et al., Plaintiffs-Respondents, v. CITY OF ARNOLD, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

November 12, 1974.

Attorney(s) appearing for the Case

Thurman, Nixon, Smith, Howald, Weber & Bowles, Jeremiah Nixon, Joseph P. Cunningham, III, Hillsboro, for plaintiffs-respondents.

Robert L. Brown, Arnold, for defendant-appellant.

David V. G. Brydon, James C. Swearengen, Graham & Hawkins, Jefferson City, for amicus curiae.

LAURANCE M. HYDE, Special Commissioner.

Action to declare an ordinance of the city void in its application to plaintiffs and to enjoin its enforcement against plaintiffs. The court found for plaintiffs and enjoined defendant from enforcing the ordinance against plaintiffs. The city has appealed and we affirm.

Plaintiffs are distributors of liquid petroleum products, known as LPG. Defendant is a third class city. The ordinance involved provided for a license...

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