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STATE v. SHOP AND SAVE FOOD MARKETS, INC.

No. 262-79.

415 A.2d 235 (1980)

STATE of Vermont v. SHOP AND SAVE FOOD MARKETS, INC.

Supreme Court of Vermont.

April 17, 1980.

Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., Richard A. Unger, Asst. Atty. Gen., Frank F. Berk, Sp. Asst. Atty. Gen., and Robert Olsen, Law Clerk (on the brief), Montpelier, and Dale O. Gray, Caledonia County State's Atty., St. Johnsbury, for plaintiff.

John H. Marshall and John L. Primmer of Downs, Rachlin & Martin, St. Johnsbury, for defendant.

Robert P. McClallen, Rutland, for Vermont Retail Grocers' Ass'n, amicus curiae.

William D. Robinson, Colchester, for Vermont Retail Ass'n, Inc., amicus curiae.

William H. Quinn of Pierson, Affolter & Wadhams, Burlington, for Grand Union Co., amicus curiae.

Before BARNEY, C. J., DALEY and HILL, JJ., SMITH, J. (Ret.), and GIBSON, Superior Judge, Specially Assigned.

BARNEY, Chief Justice.

On a Sunday afternoon in June 1978, the defendant Shop and Save Food Market was open for business and made a retail sale of canned food, amounting to $1.15. This resulted in the July 5, 1978, filing of a criminal complaint alleging a violation of 13 V.S.A. § 3353(2). This statute is a portion of the Common Day of Rest Act, 13 V.S.A. §§ 3351-3356, which regulates Sunday business activity. Violation of the statute is subject to...

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