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LEIGHTON v. CITY OF MINNEAPOLIS, MINN.

16 F.Supp. 101 (1936)

LEIGHTON v. CITY OF MINNEAPOLIS, MINN.

District Court, D. Minnesota, Fourth Division.

August 17, 1936.

Attorney(s) appearing for the Case

Robert Cowling, of Minneapolis, Minn., for plaintiff.

John F. Bonner, Asst. City Atty., of Minneapolis, Minn., for defendant.

BELL, District Judge.

This is an action in equity. The purpose, in effect, is to test the constitutionality of a provision of section 1614, Mason's Minn.St.1927. The statute is quoted in full with the provision involved in italics:

"Height of buildings in cities regulated — That for the purpose of promoting the public health, safety, order, convenience, prosperity and general welfare, any city in the State...

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