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UTILITY SUPPLY CO., INC. v. CITY OF BROKEN ARROW

No. 47236.

539 P.2d 740 (1975)

UTILITY SUPPLY COMPANY, INC., an Oklahoma Corporation, Appellee, v. CITY OF BROKEN ARROW, Oklahoma, a Municipal Corporation, Appellant.

Supreme Court of Oklahoma.

Rehearing Denied September 9, 1975.

Attorney(s) appearing for the Case

Patrick A. Williams, and Dale G. Savage, Tulsa, for appellee.

Ray H. Wilburn, Tulsa, and F.A. Petrik, Broken Arrow, for appellant.

HODGES, Vice Chief Justice.

This appeal is brought by the City of Broken Arrow (City). The City has been permanently enjoined from enforcing the provisions of a resolution adopted by its city council which prohibited the use of thirteen-foot sections of four-inch and six-inch cement asbestos pipe within the corporate city limits.

Utility Supply Company, Inc., an Oklahoma corporation, (Utility Supply) sought and was...

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