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STATE v. SUNDACO, INC.

No. 4281.

445 S.W.2d 606 (1969)

The STATE of Texas et al., Appellants, v. SUNDACO, INC. et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 26, 1969.

Attorney(s) appearing for the Case

Richard Price, Dist. Atty., Don Butler, City Atty., Ben Niedecken, Jr., Asst. City Atty., Abilene, for appellants.

Berman & Fichtner, W. W. Mitchell, II, Dallas, for appellees.

COLLINGS, Justice.

The State of Texas and the City of Abilene brought this suit against Sundaco, Inc., M. N. Landau Stores, Inc., d/b/a Clarks and Joseph Piper to enjoin the defendants from selling and offering for sale certain merchandise on consecutive days of Saturday and Sunday in violation of Article 286a. Both plaintiffs and defendants filed motions for summary judgment. The District Court found that there was no genuine issue of any material fact in the case...

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