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SUBURBAN GAS OF SUMMERVILLE v. SUMMERVILLE

22201

283 S.C. 580 (1984)

324 S.E.2d 316

SUBURBAN GAS OF SUMMERVILLE, INC., Appellant, v. The TOWN OF SUMMERVILLE, Respondent.

Supreme Court of South Carolina.

Decided December 14, 1984.

Attorney(s) appearing for the Case

H.C. Prettyman, Jr. and James H. Abrams, Jr., Prettyman, Cordray & Abrams, Summerville, for appellant.

Walter M. Bailey, Jr., Summerville, for respondent.

Heard Nov. 13, 1984.

Decided Dec. 14, 1984.

NESS, Justice:

Appellant Suburban Gas appeals from a declaratory judgment ruling the operation of its customer activated fuel pumps without the presence of an attendant is in violation of respondent Town of Summerville's Fire Code. We disagree and reverse.

Suburban is an Exxon jobber, who sells fuel only to commercial users. Its gasoline and diesel fuel pumps could be activated by Suburban's customers...

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