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BOWIE INN v. CITY OF BOWIE

[No. 58, September Term, 1974.]

274 Md. 230 (1975)

335 A.2d 679

BOWIE INN, INC. ET AL. v. CITY OF BOWIE ET AL.

Court of Appeals of Maryland.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Alan I. Baron and Daniel I. Sherry, with whom were Stephen H. Sachs and Frank, Bernstein, Conaway & Goldman and Henry F. Leonnig on the brief, for appellants.

Joseph G. Finnerty, Jr., for appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

ELDRIDGE, J., delivered the opinion of the Court. O'DONNELL, J., dissents and filed a dissenting opinion at page 249 infra.

On March 8, 1971, the City Council of Bowie enacted an ordinance designed to combat the problem of roadside litter in that municipality. Ordinance 0-4-71 made it unlawful for any person to sell any soft drink or malt beverage unless a deposit of at least five cents on each container were charged at the retail level and unless the deposit...

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