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  5. 449 S.W.2d 851 (1970)
 

STATE v. LEONARD'S STORES, INC.

No. 15600.

449 S.W.2d 851 (1970)

The STATE of Texas et al., Appellants, v. LEONARD'S STORES, INC. et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 5, 1970.

Attorney(s) appearing for the Case

Carol S. Vance, Dist. Atty., Neil McKay, First Asst. Dist. Atty., James C. Brough, Asst. Dist. Atty., Wm. A. Olson, City Atty., Homer T. Bouldin, Trial Supervisor, Houston, for appellants.

Barbara C. Jordan, Dow, Cogburn & Friedman, Edmund L. Cogburn, Houston, for appellees.

COLEMAN, Justice.

This is a suit to enjoin appellees from maintaining a public nuisance as defined by Section 4, Article 286a, Vernon's Ann. Texas Penal Code, relating to offering for sale or selling certain article of merchandise on both the two consecutive days of Saturday and Sunday. The trial court denied a temporary injunction.

The case was tried on stipulations of fact establishing that certain retail stores owned by appellees offered for sale and sold...

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