DART DRUG CORP. v. HECHINGER CO.

[No. 298, September Term, 1973.]

272 Md. 15 (1974)

320 A.2d 266

DART DRUG CORPORATION ET AL. v. HECHINGER COMPANY, INC.

Court of Appeals of Maryland.

Decided June 3, 1974.


Attorney(s) appearing for the Case

Franklin Goldstein, with whom were Burke, Gerber & Wilen and Thomas J. Kenney on the brief, for appellant Drug Fair, Inc. David Macdonald, with whom were Macdonald & Manoogian on the brief, for appellant Peoples Drug Stores, Inc. James S. McAuliffe, Jr., with whom were Heeney, McAuliffe & Rowan on the brief, for appellant Dart Drug Corporation.

Victor L. Crawford, with whom were Crawford & Goldberg on the brief, and Benny L. Kass, with whom were Boasberg, Hewes, Klores & Kass on the brief, for appellee.

Amicus Curiae brief filed by S.S. Kresge Company (Brian P. Phelan, Harry A. Inman, David B. Robinson, Patton, Boggs & Blow and James C. Tuttle on the brief).

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


SINGLEY, J., delivered the opinion of the Court.

In a sense, this case is a product of the result reached in Giant of Maryland, Inc. v. State's Attorney, 267 Md. 501, 298 A.2d 427, appeal dismissed, 412 U.S. 915 (1973), where we decided that the Sunday closing law applicable to Prince George's County, Maryland Code (1957, 1971 Repl. Vol.) Art. 27, § 534H (c) (3), which exempted "small...

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