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KROGER CO v. O'HARA TOWNSHIP

243 Pa.Super. 479 (1976)

366 A.2d 254

The KROGER CO., a corporation, and the Great Atlantic & Pacific Tea Company, Inc., a corporation, Appellants, v. O'HARA TOWNSHIP et al., political subdivisions, Appellees.

Superior Court of Pennsylvania.

November 16, 1976.

Attorney(s) appearing for the Case

Paul A. Manion, Gerald C. Paris, Reed, Smith, Shaw & McClay, Pittsburgh, for appellants.

William W. Milnes, Brandt, McManus, Brandt & Malone, Philip Huss, Jr., James W. Dunn, Jr., Pittsburgh, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

WATKINS, President Judge.

This is an appeal from a final decree in equity by the Court of Common Pleas of Allegheny County dismissing the plaintiffs-appellants' complaint seeking an injunction to prohibit the appellee townships from enforcing the Act of December 6, 1972, P.L. 1482, No. 334, effective June 6, 1973, 18 Pa.C.S.A. § 7364, hereinafter referred to as "Sunday Trading Laws".

18 Pa.C.S.A. § 7364 provides that a person who engages in the business...

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