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KIRK v. OLGIATI

308 S.W.2d 471 (1957)

J.W. KIRK et al. v. P.R. OLGIATI et al.

Supreme Court of Tennessee.

December 6, 1957.

Attorney(s) appearing for the Case

McAllester & McAllester, Chattanooga, for appellants.

J.W. Anderson and E.K. Meacham, Chattanooga, for appellees.

BURNETT, Justice.

The bill in this case was filed under the Declaratory Judgments Act (Title 28-1101, et seq. T.C.A.) seeking to have the Court declare an ordinance passed by the City Commission of the City of Chattanooga unconstitutional and void. This ordinance is one of the Sunday closing ordinances or what is commonly referred to as the Blue Law. The ordinance provides:

"Section 34. Sunday. Suspension of business and sales. It shall be unlawful for any...

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