SKAGGS DRUG CENTERS, INC. v. ASHLEY

No. 12123.

484 P.2d 723 (1971)

26 Utah 2d 38

SKAGGS DRUG CENTERS, INC., a Delaware corporation, Plaintiffs and Appellants, v. Raedel E. ASHLEY et al., Defendants and Respondents.

Supreme Court of Utah.

April 16, 1971.


Attorney(s) appearing for the Case

Jones, Waldo, Holbrook & McDonough, H.R. Waldo, Jr. and Jack Lunt, Bruce C. Hafen of Strong, Poelman & Fox, Salt Lake City, for plaintiffs-appellants.

Kent B. Linebaugh, Salt Lake City, for defendant-respondent Key Rexall Drug.

James E. Faust, Salt Lake City, for defendant-respondent Warren's Holladay Pharmacy.

Max K. Mangum, Salt Lake City, for defendant-respondent Success Pharmacy.

Phil L. Hansen, Salt Lake City, for defendants-respondents, Westside Drug Store, The Broadway, Inc. and Sixth Avenue Pharmacy.

Richard H. Moffat, Salt Lake City, for defendant-respondent Harmon City, Inc.

O. Robert Meredith, Salt Lake City, for defendant-respondent Kearns Drug Center, Inc.

Ned Warnock and A.M. Ferro, Salt Lake City, for defendants-respondents, The Prescription Pharmacy, Inc., and Lowe's Pharmacy, Inc.

Gerald R. Hansen, Salt Lake City, for defendants-respondents Allied War Surplus and Beaver Grocery.

Ricardo B. Ferrari, Salt Lake City, for defendant-respondent Mountair Pharmacy.

Douglas E. Roth, President, Hyland Pharmacy, Inc., Salt Lake City, (no attorney involved).

Bryce E. Roe and Ralph L. Jerman, Salt Lake City, for defendants-respondents Kwikee Market and The Southland Corp., dba 7-11 Food Stores.

Justin C. Stewart, Salt Lake City, for defendant-respondent Ward Market, Inc.

Robert M. Yeates, Salt Lake City, for defendant-intervenor, Grand Central, Inc.

Parker M. Nielson, Salt Lake City, for defendants-respondents A.B. Cooper, dba Kearns IGA Foodliner and L.B. Grainger, dba Grainger's IGA Foodliner.

Richard Giauque, Salt Lake City, for defendant-respondent Albertson's, Inc.

Curtis K. Oberhansley, Salt Lake City, for defendant-respondent John Carlson Stereo Living Rooms, Inc.

Robert W. Inscore, J. and E. Market, Salt Lake City, (no attorney involved).

Robert D. Crofts, County Atty.'s Office, Salt Lake City.


TUCKETT, Justice:

The three cases here on appeal were consolidated in the district court for trial. The plaintiffs filed separate suits in the court below seeking to restrain the defendants in each case from violating Chapter 25, Laws of Utah, 1970.

The legislature during its budget session of January, 1970, passed the Act we are here concerned with entitled "Sunday Closing." After the effective date of the Act, the...

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