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STATE v. MEMORIAL GARDENS DEVELOPMENT CORP.

No. CC837.

101 S.E.2d 425 (1957)

STATE of West Virginia v. MEMORIAL GARDENS DEVELOPMENT CORPORATION.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1957.

Dissenting Opinion January 14, 1958.

Attorney(s) appearing for the Case

W. W. Barron, Atty. Gen., Virginia Mae Brown, Asst. Atty. Gen., for plaintiff.

Hale J. Posten, Robert T. Donley, Morgantown, Edward D. Hansen, Kansas City, Mo., for defendant.

DUCKER, Judge.

The plaintiff, State of West Virginia, instituted this suit against the defendant, Memorial Gardens Development Corporation, a West Virginia corporation, in the Circuit Court of Monongalia County, seeking to enjoin the defendant from violating the provisions of Chapter 153 of the Acts of the Legislature of West Virginia, Regular Session, 1955, (Michie's Code 47-14). Defendant filed its answer and cross bill to which plaintiff demurred. The court overruled...

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