X-CEL DAIRY, INC. v. CITY OF AKRON

Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Ordinance prohibiting sale of ice cream from vehicles on street — Section 19, Article I, and Section 3, Article XVIII, Constitution — Due process and equal protection.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.