GALLAGHER v. CROWN KOSHER MARKET

No. 11.

366 U.S. 617 (1961)

GALLAGHER, CHIEF OF POLICE OF SPRINGFIELD, MASSACHUSETTS, ET AL. v. CROWN KOSHER SUPER MARKET OF MASSACHUSETTS, INC., ET AL.

Supreme Court of United States.

Decided May 29, 1961.


Attorney(s) appearing for the Case

Joseph H. Elcock, Jr., Assistant Attorney General of Massachusetts, argued the cause for appellants. With him on the brief were Edward J. McCormack, Jr., Attorney General, John Warren McGarry, Assistant Attorney General, Arthur E. Sutherland and S. Thomas Martinelli.

Herbert B. Ehrmann argued the cause for appellees. With him on the brief was Samuel L. Fein.

Briefs of amici curiae, urging affirmance, were filed by Leo Pfeffer, Lewis H. Weinstein, Shad Polier and Samuel Lawrence Brennglass for the Synagogue Council of America et al.; Frederick F. Greenman, Arnold Forster, Paul Hartman, Theodore Leskes, Edwin J. Lukas and Sol Rabkin for the American Jewish Committee et al.; Reuben Goodman and Rowland Watts for the American Civil Liberties Union et al.; and William D. Donnelly for the General Conference of Seventh-Day Adventists.


MR. CHIEF JUSTICE WARREN announced the judgment of the Court and an opinion in which MR. JUSTICE BLACK, MR. JUSTICE CLARK, and MR. JUSTICE WHITTAKER concur.

The principal issues presented in this case are whether the Massachusetts Sunday Closing Laws1 violate equal protection, are statutes respecting the establishment of religion or prohibit the free exercise thereof.

Appellees are Crown Kosher Super Market, a corporation whose...

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