BROWN ENTERPRISES, INC. v. FULTON

No. 54642.

192 N.W.2d 773 (1971)

BROWN ENTERPRISES, INC., and Troy Curtis Hames, Jr., d/b/a Homestead Mobile Home Sales, Appellees, v. Jack FULTON, Commissioner of Public Safety For the State of Iowa and Iowa Department of Public Safety, Appellants.

Supreme Court of Iowa.

Review Denied January 22, 1972.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., John E. Beamer, Asst. Atty. Gen., for appellants.

James Jackson, Des Moines, and Lew Eells, Cedar Rapids, for appellees.


REES, Justice.

This is an action for declaratory judgment; plaintiffs filed their petition in Polk County District Court seeking temporary injunction to enjoin the State of Iowa from enforcing the provisions of chapter 322.3 (9), The Code 1966, and for a declaration of rights. Said section prohibits the sale of motor vehicles on the first day of the week, commonly known as Sunday. Following hearing, a temporary injunction was issued. Thereafter defendants answered...

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