No. 10441.

298 S.W.2d 934 (1957)

J. M. FALKNER, Banking Commissioner of Texas, et al., Appellants, v. MEMORIAL GARDENS ASSOCIATION, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 27, 1957.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., J. Fred Jones, Asst. Atty. Gen., Sam O. Kimberlin, Jr., Austin, for Dept. of Banking.

Thomas D. Blackwell, County Atty. of Travis County, pro se, and Looney, Clark & Moorhead, Austin, for Thomas D. Blackwell.

Hoffmann & Hoffmann, Richard R. Grummon, Springfield, Ill., J. Hubert Lee, Austin, for appellee.

GRAY, Justice.

Appellees filed this suit against the Banking Commissioner of Texas, his Deputy and Supervisor in the Banking Department and the County Attorney of Travis County. They alleged that Art. 548b, Vernon's Ann. Civ.St., later referred to as Senate Bill 52, or as the Act, is unconstitutional and prayed for a temporary and permanent injunction restraining defendants from enforcing the same against them.

The defendants answered and alleged: that Senate...


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