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STATE v. SIMONETTI, INC.

6 Div. 806.

143 So.2d 444 (1962)

STATE of Alabama v. SIMONETTI, INC.

Supreme Court of Alabama.

July 12, 1962.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Wm. H. Burton, Asst. Atty. Gen., for appellant.

Smith & Moore, Montgomery, for Alabama Wholesale Tobacco Ass'n, amicus curiae in support of appellant.

W. S. Pritchard, Jr., Victor H. Smith and Pritchard, McCall & Jones, Birmingham, for appellee.

HARWOOD, Justice.

This appeal was taken from a decree dissolving a temporary injunction. Appellant filed a suit charging appellee with repeated and wilful violations of the Alabama Unfair Cigarette Sales Act, Pocket Part 1940 Code, Tit. 57, § 83(1) et seq. A temporary writ of injunction was issued ex parte on July 26, 1961. A motion to dissolve was filed and after a hearing, a decree was entered dissolving the temporary injunction, and the State appealed.

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