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TINDER, PROS. ATTY. ET AL. v. CLARKE AUTO CO., INC.

No. 29,611.

238 Ind. 302 (1958)

149 N.E.2d 808

TINDER, AS PROSECUTING ATTORNEY ET AL. v. CLARKE AUTO CO., INC., ETC.

Supreme Court of Indiana.

Rehearing denied June 3, 1958.

Attorney(s) appearing for the Case

Asa J. Smith, of Indianapolis, for appellant John Tinder, Prosecuting Attorney, of Marion County.

Andrew Jacobs, of Indianapolis, for appellant Robert O'Neal, Marion County Sheriff.

Michael B. Reddington, of Indianapolis, for appellant Frank Mueller, Indianapolis Chief of Police.

Alan W. Boyd and Barnes, Hickam, Pantzer & Boyd, of counsel, all of Indianapolis, for appellant Automobile Dealers Association of Indiana, Inc.

John A. Carson, of Indianapolis, for appellee.

ACHOR, J.

This action was brought by appellee on behalf of himself and all other motor vehicle dealers similarly situated to enjoin the appellants from enforcing the provisions of Chapter 222, § 2, p. 490, Acts 1957 (being § 10-4305, Burns' 1957 Supp.). The law subjects motor vehicle dealers who engage in the business of buying, selling and/or exchanging motor vehicles at retail on Sunday to fines and/or imprisonment1 greater...

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