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KEENE v. GERRY'S CASH MKT., INC.

No. 6409

113 N.H. 165 (1973)

CITY OF KEENE v. GERRY'S CASH MARKET, INC.

Supreme Court of New Hampshire.

April 30, 1973.

Attorney(s) appearing for the Case

Charles H. Morang, city attorney, by brief and orally, for the city of Keene.

Faulkner, Plaut, Hanna & Zimmerman (Mr. George R. Hanna by brief and orally) for Gerry's Cash Market, Inc.

DUNCAN, J.

The issues raised by these bills in equity concern the validity of an ordinance of the city of Keene relating to Sunday sales. RSA 578:4, 5. RSA 578:5 authorizes cities and towns to adopt bylaws and ordinances "permitting and regulating retail business" on Sundays "provided such bylaws and ordinances are approved by a majority vote of the legal voters present and voting at the next regular election." The Keene ordinance limited the hours of Sunday

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