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TRADE COMMISSION v. SKAGGS DRUG CENTERS, INC.

No. 11034.

446 P.2d 958 (1968)

21 Utah 2d 431

TRADE COMMISSION of Utah, State of Utah, Plaintiff and Appellant, v. SKAGGS DRUG CENTERS, INC., Grand Central Stores, Inc., dba Warshaw's Giant Food and Grand Central Drugs, Inc., Defendants and Respondents, Utah Retail Grocers Association, Intervenor and Appellant.

Supreme Court of Utah.

November 1, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Floyd G. Astin, Asst. Atty. Gen., Salt Lake City, for appellant.

Jones, Waldo, Holbrook & McDonough, H.R. Waldo and Roger J. McDonough, Salt Lake City, for Skaggs Drug Centers, Inc., respondent.

Mulliner, Prince & Mangum, Robert M. Yeates & Denis R. Morril, Salt Lake City, for Grand Central Stores, Inc., respondent.

Worsley, Snow & Christensen, Salt Lake City, for Utah Retail Grocers Assn., intervenor and appellant.

NELSON, District Judge:

This case comes to our attention on an appeal by the plaintiff-appellant from the trial court's judgment which held the Utah Unfair Practices Act in its entirety unconstitutional — void because of its violation of the Fourteenth Amendment to the United States Constitution, and its infringement of Article I, Sections 1, 2, 7, 18, 23 and 24, and Article VI, Section 26, and Article XII, Section 20 of the Constitution of Utah.

The...

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