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WEISS v. BECKMANN

197 Misc. 414 (1950)

Julius Weiss et al., Copartners Doing Business under the Name of Levittown Food Shop, Plaintiffs, v. John M. Beckmann, as Commissioner of Police, County of Nassau, Defendant.

Supreme Court, Special Term, Nassau County.

February 7, 1950.

Attorney(s) appearing for the Case

James F. McManus for plaintiffs.

Marcus G. Christ, County Attorney (J. Oakey McKnight of counsel), for defendant.

HOOLEY, J.

This action is brought to restrain the Police Department of Nassau County from enforcing the provisions of section 2147 of the Penal Law. This section deals with the Sunday closing of business places. Plaintiffs, by this motion, seek a temporary restraining order claiming that section 2147 is unconstitutional.

In People v. Havnor (149 N.Y. 195) it was held that the Sunday closing law did not violate the 14th Amendment of the...

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