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NATION v. GIANT DRUG COMPANY

No. 3256

396 P.2d 431 (1964)

William C. NATION, Mayor and City Commissioner of Safety, Herbert Kingham, City Commissioner of Finance and Public Property, and Elmer Parsley, City Commissioner of Streets and Public Improvements, as individuals and as the duly acting and qualified City Commissioners of the City of Cheyenne, Wyoming, and all agents of the City of Cheyenne, Appellants (Defendants below), v. GIANT DRUG COMPANY, Appellee (Plaintiff below).

Supreme Court of Wyoming.

November 9, 1964.

Attorney(s) appearing for the Case

A. Joseph Williams, Robert L. Duncan, Cheyenne, for appellants.

Roncalio, Graves & Smyth, John R. Smyth, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Justice GRAY delivered the opinion of the court.

Plaintiff Giant Drug Company, a Wyoming corporation and owner and operator of a drugstore within the corporate limits of the City of Cheyenne, Wyoming, brought an action to enjoin the officials of the City of Cheyenne from enforcing an ordinance enacted by the city requiring the closing of certain businesses on Sunday. In its complaint plaintiff alleged, among other things, that such ordinance on its face was violative...

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