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SIMONETTI, INC. v. STATE

6 Div. 415.

132 So.2d 252 (1961)

SIMONETTI, INC. v. STATE of Alabama ex rel. MacDonald GALLION, Atty. Gen.

Supreme Court of Alabama.

June 29, 1961.

Attorney(s) appearing for the Case

Pritchard, McCall & Jones and Victor H. Smith, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., Guy Sparks, Sp. Asst. Atty. Gen., and Wm. H. Burton, Asst. Atty. Gen., for appellee.

John J. Smith, Birmingham, for Alabama Wholesale Tobacco Association, amicus curiae.

LIVINGSTON, Chief Justice.

The State of Alabama, ex rel. its Attorney General, filed in the Circuit Court of the Tenth Judicial Circuit of Alabama, in Equity, its bill of complaint to enjoin Simonetti, Inc., a corporation, from violating the so-called Unfair Cigarette Sales Act (Act No. 805, Acts of Alabama 1951, effective September 11, 1951), by advertising, offering for sale and selling cigarettes at wholesale in the State of Alabama below cost (as defined in Sec...

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