Donovan v. Kansas City, 38305.
| Decision Date | 03 March 1944 |
| Docket Number | No. 38305.,38305. |
| Citation | 179 S.W.2d 108 |
| Parties | DONOVAN v. KANSAS CITY. |
| Court | Missouri Supreme Court |
Armwell L. Cooper and Cyrus Crane, both of Kansas City (Cooper, Neel & Sutherland, Frank W. McAllister, and William J. Carroll, all of Kansas City, of counsel), for appellant.
William E. Kemp, City Counselor, and John J. Cosgrove, Asst. City Counselor, both of Kansas City, for respondent.
James A. Reed, Robert J. Ingraham, James B. Nourse, Charles M. Blackmar, Dupuy G. Warrick, Roy K. Dietrich, James P. Alyward, Roy B. Thomson, Lawrence S. Searing, Rees Turpin, and Harry L. Thomas, all of Kansas City, amici curiae.
This case was transferred from Division Two to the Court en Banc where it was briefed anew by the parties and reargued. The constitutional questions which were not specifically ruled in the divisional opinion were fully presented. The court hereby rules that Sections 80, 91, 92, 93 and 94 of Article IV of respondent's Charter and Section 3349, Revised Statutes of Missouri 1939, Mo.R.S.A., as tested by Amendment Fourteenth, Section 1, of the Constitution of the United States, are constitutional and valid and do not deprive appellant of his property without due process of law or deny appellant the equal protection of the law.
In all other respects the opinion of BOHLING, C., in Division Two is adopted as the opinion of the Court en Banc.
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