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JOHNSON v. ROBERTS

20460

269 S.C. 119 (1977)

236 S.E.2d 737

Jesse C. JOHNSON, Fire Marshal of the State of South Carolina, Appellant, v. Melvin L. ROBERTS, Respondent.

Supreme Court of South Carolina.

June 29, 1977.

Attorney(s) appearing for the Case

Daniel R. McLeod, Atty. Gen., Edward B. Latimer, Joseph R. Barker, and Ronald H. Colvin, Asst. Attys. Gen., of Columbia, for Appellant.

Robert R. Carpenter, of Roddey, Sumalt and Carpenter, and Emil W. Wald, of Spencer and Spencer, Rock Hill, and Levy S. Aiford, of York, for Respondent.

June 29, 1977.

LEWIS, Chief Justice.

Appellant, State Fire Marshal, brought this action to restrain respondent from operating self-service gasoline stations unless a qualified attendant was on duty whenever the stations were open to the public, as required by the Fire Prevention Code, particularly Sections 16.74 and 16.75 (f) (i), (Volume 17, 1975 Cum. Supp., pp. 159, 161, and 162, Code of Laws). The lower court denied...

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