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R. A. VORHOF CONST. CO. v. BLACK JACK FIRE PRO. DIST.

No. 33651.

454 S.W.2d 588 (1970)

R. A. VORHOF CONSTRUCTION COMPANY, a corporation, et al., Plaintiffs-Respondents, v. BLACK JACK FIRE PROTECTION DISTRICT, a corporation, et al., Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

Rehearing Denied May 28, 1970.

Attorney(s) appearing for the Case

Paul G. Ochterbeck, Florissant, for defendants-appellants.

Robert P. Baine, Jr., Clayton, for plaintiffs-respondents.

WEIER, Commissioner.

Plaintiffs sought and obtained a declaration of invalidity with respect to an ordinance of the Black Jack Fire Protection District. The court also enjoined enforcement of the ordinance. Its judgment was premised on a determination that the ordinance was an unreasonable exercise of powers conferred upon the district. Unconstitutionality was not raised and the judgment did not rule on such an issue. The appeal is therefore properly before this court...

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