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MOSKO v. DUNBAR

No. 17779.

309 P.2d 581 (1957)

Max MOSKO and Lillian Meltz Mosko, co-partners, doing business under the name and style of Max Mosko Auto Wholesale, Plaintiffs in Error, v. Duke W. DUNBAR, Attorney General of the State of Colorado, George G. Priest, District Attorney for the First Judicial District in the State of Colorado, and Carl Enlow, Sheriff of the County of Jefferson of the State of Colorado, Defendants in Error. Jack P. PALMER, an individual, doing business under the name and style of The Bargain Lot, and Aaron Mosko and Jean Mosko, co-partners, doing business under the name and style of Aaron Mosko Motor Company, Plaintiffs in Error, v. Duke W. DUNBAR, Attorney General of the State of Colorado, George G. Priest, District Attorney for the First Judicial District in the State of Colorado, and Charles Foster, Sheriff of the County of Arapahoe, of the State of Colorado, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 29, 1957.

Attorney(s) appearing for the Case

Mosko & Slatkin, Denver, for plaintiffs in error.

Emory L. O'Connell, Denver, Kara & Rice, Grand Junction, Jenkins, Stewart & Tursi, Pueblo, Gail H. Haddock, Max D.

Melville, Fred M. Winner, Denver, amici curiae.

Duke W. Dunbar, Atty. Gen., pro se, Frank E. Hickey, Deputy Atty. Gen., George G. Priest, District Atty. First Judicial District, pro se and for Charles Foster, Sheriff, and Carl Enlow, Sheriff, Lakewood, defendants in error.

HALL, Justice.

This matter is presented to this court on an agreed Statement of The Case, the pertinent provisions thereof being:

1. Plaintiffs in error, referred to herein as plaintiffs are engaged in the business of buying and selling motor vehicles, each is duly licensed as a motor vehicle dealer under C.R.S. '53, 13-11.

2. Plaintiffs prior to April 8, 1955 had kept their places of business open on Sundays and desire to continue so to do...

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