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MID-STATE DISTRIBUTING, CO. v. CITY OF COLUMBIA

No. WD 31226.

617 S.W.2d 419 (1981)

MID-STATE DISTRIBUTING COMPANY, a corporation et al., Appellants, The Coca-Cola Bottling Company of Mid-America, Inc., a corporation, Intervenor-Appellant, v. The CITY OF COLUMBIA, Missouri, a Municipal corporation, Respondent, David P. Thelen and Charles Atkins, Intervenors-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 4, 1981.

Application to Transfer Denied July 14, 1981.

Attorney(s) appearing for the Case

Thomas D. Graham, Jefferson City, for appellants.

Thomas W. Wagstaff, Kansas City, for intervenor-appellant.

W. Scott Snyder, Thomas M. Schneider, Susan Crigler, Columbia, for respondent.

Darwin A. Hindman, Jr., Columbia, for intervenors-respondents.

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 4, 1981.

KENNEDY, Presiding Judge.

The issue in the present case is the validity of an ordinance of the City of Columbia which establishes a refund value of five cents each upon certain beverage containers sold in the City of Columbia, and requires the retailer to pay the same amount upon receipt of the containers. Manufacturers and distributors in...

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