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CROWN KOSHER SUPER MARKET OF MASS., INC. v. GALLAGHER

No. 58-471-M.

176 F.Supp. 466 (1959)

CROWN KOSHER SUPER MARKET OF MASS., INC., Corporate Plaintiff, and Irving Heafitz, Morris Chaitovsky and Ruth B. Cohen, suing on behalf of themselves and others similarly situated and Rabbi Moses D. Sheinkopf, Chief Orthodox Rabbi of the United Orthodox Congregations of Springfield and President of the Massachusetts Council of Rabbis, suing on behalf of himself and other Rabbis similarly situated, Individual Plaintiffs, v. Raymond P. GALLAGHER, Chief of Police of the City of Springfield, Massachusetts, Defendant.

United States District Court D. Massachusetts.

Dissenting Opinion June 5, 1959.

On Petition for Rehearing July 20, 1959.

Attorney(s) appearing for the Case

Herbert B. Ehrmann, Samuel Markell, Edward L. LaVine, Goulston & Storrs, Boston, Mass., Irving S. Ribicoff, David Kotkin, Ribicoff & Kotkin, Hartford, Conn., Samuel L. Fein, Fein, Cavanaugh & Kimball, Springfield, Mass., for plaintiffs.

S. Thomas Martinelli, Asst. City Sol., Matthew J. Ryan, Jr., City Sol., John J. O'Connor, Asst. City Sol., Springfield, Mass., for defendant.

Joseph H. Elcock, Jr., Asst. Atty. Gen., Edward J. McCormack, Jr., Atty. Gen., for Commonwealth of Massachusetts, amicus curiae.

Leo Pfeffer, New York City, for International Religious Liberty Ass'n, amicus curiae.

Howard S. Whiteside, Boston, Mass., for Southern New England Conference of Seventh Day Adventists, amicus curiae.

Henry M. Leen, Boston, Mass., for Archdiocesan Council of Catholic Men, amicus curiae.

Herbert S. Avery, Boston, Mass., for The Lord's Day League of New England, amicus curiae.

Before MAGRUDER and WOODBURY, Circuit Judges, and McCARTHY, District Judge.

MAGRUDER, Circuit Judge.

It is always an unpleasant task for a lower federal court to sit in review upon the constitutionality of state legislation, but sometimes a three-judge district court can find no escape from doing that, under 28 U.S.C. §§ 1331, 1343, 2281 and 2284. We believe the present to be such a case.

The attack which we have to consider is upon the validity, under the Federal Constitution, of the modern version of what started as one...

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