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STATE EX REL. McNARY v. LEVITZ FUR. CO. OF MO., INC.

No. 35346.

502 S.W.2d 370 (1973)

STATE of Missouri ex rel. Gene McNARY, Prosecuting Attorney, St. Louis County, Missouri, Relators-Respondents, v. LEVITZ FURNITURE COMPANY OF MISSOURI, INC., a corporation, and James A. Melly, Operations Manager, Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied November 13, 1973.

Application to Transfer Denied January 14, 1974.

Attorney(s) appearing for the Case

McMahon & Berger, Thomas M. Hanna, St. Louis, for defendants-appellants.

Gene McNary, Pros. Atty., Clayton, for relators-respondents.

SMITH, Presiding Judge.

Defendants appeal from a judgment permanently enjoining them from violating the provisions of Section 563.721, RSMo 1969 (V.A.M.S.), the Sunday Sales Act.

Factually, there is no dispute. Defendant Levitz is a corporation engaged in the business of selling household furniture at retail. It operates a warehouse store in St. Louis County. Defendant Melly is the operations manager of that store...

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