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STATE v. MARGOLIS

No. 11654.

439 S.W.2d 695 (1969)

The STATE of Texas, Appellant, v. Harry W. MARGOLIS et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 16, 1969.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Exec. Asst. Atty. Gen., J. C. Davis, W. O. Shultz, Pat Bailey, Asst. Attys. Gen., Austin, for appellant.

Berman & Fichtner, Harold B. Berman, Dallas, for appellees.

O'QUINN, Justice.

Appellees sought and obtained a declaratory judgment in district court holding that they did not violate State statutes, prohibiting monopolies, trusts, or conspiracies in restraint of trade, by operating a merchandising conception designed to avoid the restraints of a penal statute making it unlawful for any person to sell certain goods on both of the two consecutive days of Saturday and Sunday.

The State of Texas, defendant below, has appealed...

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