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S. S. KRESGE CO. v. STATE

No. 19106.

546 S.W.2d 928 (1977)

S. S. KRESGE CO. et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 3, 1977.

Attorney(s) appearing for the Case

Robert L. Hoffman, Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellants.

Henry Wade, Dist. Atty., John H. Hagler, Asst. Dist. Atty., Dallas, for appellee.

ROBERTSON, Justice.

S. S. Kresge and its district manager, M. J. Talley, appeal from a permanent injunction enjoining them from selling certain commodities on the consecutive days of Saturday and Sunday as prohibited by Tex. Rev.Civ.Stat.Ann. art. 9001 (Vernon Supp. 1976). It is undisputed that on Saturday and Sunday (November 23 and November 24, 1974) the appellants sold items prohibited by the statute. However, they contend that: (1) the statute violates the due...

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