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  5. 696 S.W.2d 44 (1985)
 

RETAIL MERCH. A. OF HOUSTON v. HANDY DAN H.

No. 01-84-0798-CV.

696 S.W.2d 44 (1985)

RETAIL MERCHANTS ASSOCIATION OF HOUSTON, INC., Appellant, v. HANDY DAN HARDWARE, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 8, 1985.

Attorney(s) appearing for the Case

Robert S. MacIntyre, Jr., David C. Bland, Jr., Baker, Brown, Sharman & Parker, Thomas R. Conner, Smith & Conner, Houston, Jim Mattox, Atty. Gen., Austin, John L. Minor, Jr., Asst. Atty. Gen., Houston, David R. Richards, Executive Asst. Atty. Gen., J. Patrick Wiseman, Asst. Atty. Gen., Austin, for appellant.

Linda L. Addison, Roger Townsend, Gerry Lowry, Fulbright & Jaworski, Houston, for appellee.

Jean Fleming, Powers Legal Foundation of America, Houston, amicus curiae.

David Crump, Legal Foundation of America, Houston, amicus curiae.

Before WARREN, DUGGAN and HOYT, JJ.

OPINION

WARREN, Justice.

This case involves the constitutionality of article 9001 of the Texas Revised Civil Statutes, commonly called the Texas "Blue Law." The Texas Supreme Court has previously held the statute facially constitutional against contentions similar to those made by appellees in this case. The trial court, however, found that it was not bound by the previous decisions because the records before those...

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