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BOB ROSEN WATER CONDITIONING CO. v. CITY OF BISMARCK

Civ. No. 8644.

181 N.W.2d 722 (1970)

BOB ROSEN WATER CONDITIONING COMPANY, Henry Hewlett, d/b/a Culligan Water Conditioning, and Dennis Wangen, d/b/a Wangen Distributing, Plaintiffs and Respondents, v. CITY OF BISMARCK, North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

December 8, 1970.

Attorney(s) appearing for the Case

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for plaintiffs and respondents.

Zuger, Bucklin, Kelsch & Zuger, Bismarck, for defendant and appellant.

STRUTZ, Judge.

Each of the plaintiffs is engaged in the business of selling, servicing, and installing water softeners in the city of Bismarck. The City asserts that the installation and servicing of water softeners by persons not holding a plumbing license is in violation of the State plumbing law, the State Plumbing Code, and the ordinances of the City of Bismarck which adopt the State Plumbing Code. The plaintiffs admit that

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