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GEM STORES, INC. v. O'BRIEN

No. 50355.

374 S.W.2d 109 (1963)

GEM STORES, INC., a corporation, G. E. M. Southway, Inc., a corporation, and Chix Shop, Inc., a corporation, Appellants, v. Daniel V. O'BRIEN, Prosecuting Attorney of St. Louis County, Missouri, Respondent, and Thomas F. Eagleton, Attorney General of the State of Missouri, Intervenor-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 13, 1964.

Attorney(s) appearing for the Case

Guilfoil, Caruthers, Symington & Montrey, St. Louis, for appellants.

Lewis, Rice, Tucker, Allen & Chubb, Arthur R. Tucker, Samuel H. Liberman, Charles L. Edson, St. Louis, special counsel for respondents Daniel V. O'Brien and Thomas F. Eagleton.

John H. Martin, St. Louis, for Missouri State Labor Council, AFL-CIO, amicus curiae.

Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, amicus curiae.

STORCKMAN, Judge.

This is an appeal from a declaratory judgment upholding the constitutionality of § 563.721, RSMo Supp. 1963, V.A.M.S., Laws 1963, Senate Bill No. 49, which became effective on October 13, 1963. The statute prohibits the selling at retail of certain commodities on Sunday. The plaintiffs, GEM Stores, Inc., and G.E.M. Southway, Inc., are Missouri corporations conducting general retail department store businesses in St. Louis County. The plaintiff...

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