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TWO GUYS FROM HARRISON-ALLENTOWN, INC. v. McGINLEY

Civ. A. No. 25626.

179 F.Supp. 944 (1959)

TWO GUYS FROM HARRISON-ALLENTOWN, INC., Plaintiff, v. Paul A. McGINLEY, District Attorney, County of Lehigh, Pennsylvania, Defendant.

United States District Court E. D. Pennsylvania.

December 1, 1959.

Attorney(s) appearing for the Case

Dilworth, Paxson, Kalish, Kohn & Dilks, by Harold E. Kohn and William T. Coleman, Jr., Oscar Brown, Philadelphia, Pa., Morris Efron, Allentown, Pa., for plaintiff.

Paul A. McGinley, Dist. Atty. of Lehigh County, Ernest F. Ritter, First Asst. Dist. Atty., Allentown, Pa., for defendant.

Harry J. Rubin, Sp. Atty., York, Pa., for Commonwealth of Pennsylvania.

Morgan, Lewis & Bockius, by W. James MacIntosh, and Benjamin M. Quigg, Jr., Philadelphia, Pa., for Pennsylvania Retailers Ass'n, amicus curiae.

Albert K. Plone, Camden, N. J., Kenneth Trommer, Philadelphia, Pa., amici curiae.

Before HASTIE, Circuit Judge, WELSH, Senior District Judge, and LORD, District Judge.

HASTIE, Circuit Judge.

This case has been tried to a statutory three-judge court constituted as provided in Sections 2281 and 2284 of Title 28, United States Code. The plaintiff, Two Guys From Harrison-Allentown, Inc., seeks an injunction to prevent the District Attorney of Lehigh County from enforcing against its employees, and thus against its retail selling business, the criminal sanctions of the Pennsylvania Sunday closing laws, sometimes called the Sunday "blue...

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