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BARGAIN CITY U.S.A. v. DILWORTH

407 Pa. 129 (1962)

Bargain City U.S.A., Inc., Appellant, v. Dilworth.

Supreme Court of Pennsylvania.

March 21, 1962.

Attorney(s) appearing for the Case

Myron Harris, for appellant.

David Berger, City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor, and James L. Stern, Deputy City Solicitor, for appellees.

Harold E. Kohn, with him William T. Coleman, Jr., Louis E. Levinthal, and Morris Efron, for amicus curiae.

Arthur Littleton, with him Russell C. Dilks, Benjamin M. Quigg, Jr., W. James MacIntosh, and Morgan, Lewis & Bockius, for amicus curiae.

Alan Miles Ruben, Deputy Attorney General, with him David Stahl, Attorney General, for Commonwealth, amicus curiae.

Before BELL, C.J., MUSMANNO, JONES, COHEN and EAGEN, JJ.

OPINION BY MR. JUSTICE COHEN, March 21, 1962:

In this appeal, Bargain City U.S.A., Inc., appellant, attacks the validity of the Act of August 10, 1959, P.L. 660, § 1, 18 PS § 4699.10, which prohibits the Sunday retail sale of certain specified commodities. Although appellant initially attacked the statute upon a variety of grounds under the federal constitution, these issues have been foreclosed by the decision of the United States Supreme Court in Two...

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