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WASHINGTON-SUMMERS, INC. v. CITY OF CHARLESTON

Civ. A. No. 77-2045 CH.

430 F.Supp. 1013 (1977)

WASHINGTON-SUMMERS, INC., a West Virginia Corporation, Plaintiff, v. The CITY OF CHARLESTON, a Municipal Corporation, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

March 31, 1977.

Attorney(s) appearing for the Case

Charles W. Yeager, Steptoe & Johnson, Anthony G. Halkias, Charleston, W. Va., for plaintiff.

W. Warren Upton, Roger A. Wolfe, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for defendant.

MEMORANDUM ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANT

COPENHAVER, District Judge.

This is an action brought pursuant to 28 U.S.C. §§ 2201, 2202 (1970) for a declaratory judgment wherein plaintiff, Washington-Summers, Inc., seeks an adjudication that W.Va.Code, § 8-16-4a (1976), and Charleston, W.Va., Ordinance No. 1993, as amended (February 8, 1977) of the defendant, City of Charleston, are unconstitutional under the Fourteenth Amendment...

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