DIAMOND AUTO SALES, INC. v. ERBE

No. 50118.

105 N.W.2d 650 (1960)

DIAMOND AUTO SALES, INC.; Eastown Motors, Inc.; Pioneer Auto Company, Inc.; Michael P. Murray, d/b/a Murray Motor Sales; Ted McGrevey, d/b/a Ted McGrevey Used Cars; B & L Motor Sales, a partnership composed of Ben Rosenfeld and Mary Rosenfeld; Winick Brothers Auto Company, a partnership composed of Mose J. Winick and Sam H. Winick, Appellants, v. Norman ERBE, Attorney General of Iowa; Ray Hanrahan, County Attorney of Polk County; Russell I. Brown, Commissioner of the Department of Public Safety of Iowa; and Donovan H. Day, Director of State Dealers License Division In the Department of Public Safety of the State of Iowa, Appellees.

Supreme Court of Iowa.

October 18, 1960.


Attorney(s) appearing for the Case

Henry Wormley and Anthony Critelli, Des Moines, for appellants.

Norman A. Erbe, Atty. Gen., Carl H. Pesch, Asst. Atty. Gen., and Ray Hanrahan, County Atty. for Polk County, Des Moines, for appellees.

Brody, Parker, Miller, Roberts & Thoma, Des Moines, for Iowa Automobile Dealers Ass'n, amicus curiae.


THOMPSON, Justice.

The plaintiffs are used motor vehicle dealers operating businesses in the State of Iowa. Their petition alleges that Chapter 243 of the Acts of the 58th General Assembly, enacted on April 2, 1959 and effective on July 4 following is void and unconstitutional, prays a declaratory judgment so holding and asks for injunctive relief against enforcement of its provisions. We set out Chapter 243 herewith: "Sunday Sales of Motor Vehicles. Section 1. Section...

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