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SPARTAN'S INDUSTRIES, INC. v. OKLAHOMA CITY

No. 44750.

498 P.2d 399 (1972)

SPARTAN'S INDUSTRIES, INC., a corporation, and Trade-Mart, Inc., a corporation, Appellees, v. OKLAHOMA CITY, Oklahoma, a municipal corporation, and E.W. Lawson, Chief of Police of The City of Oklahoma City, Oklahoma, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied July 5, 1972.

Attorney(s) appearing for the Case

Miskovsky, Sullivan & Miskovsky, Oklahoma City, for appellees.

Roy H. Semtner, Municipal Counselor, William O. West, Asst. Municipal Counselor, Oklahoma City, Okl., for appellants.

BARNES, Justice:

This appeal involves the constitutionality of City Ordinance No. 12688 enacted in July, 1970, by the Appellant, Oklahoma City. The ordinance in question, commonly referred to as a "Sunday closing" ordinance, is claimed to have been drafted in conformity with Tit. 21, O.S. 1961, §§ 907, 908 and 909. The last cited section is not involved in this case. Section 907 forbids as "[Sabbath-breaking] ... certain acts deemed useless and serious interruptions...

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