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CARDINAL SPORTING GOODS COMPANY v. EAGLETON

No. 62 C 121(3).

213 F.Supp. 207 (1963)

CARDINAL SPORTING GOODS COMPANY, Inc., and Leader Activity Company, Inc. v. Thomas F. EAGLETON, Attorney General of the State of Missouri, Daniel V. O'Brien, Prosecuting Attorney of St. Louis Co., Mo., and Raymond W. Hensley, Superintendent of Police of St. Louis County, Missouri.

United States District Court E. D. Missouri, E. D.

January 11, 1963.

Attorney(s) appearing for the Case

Orville Richardson, Stuart Symington, Jr., St. Louis, Mo., for plaintiffs.

Arthur R. Tucker, St. Louis, Mo., Wm. E. Gallagher, St. Louis Co. Counselor and Walter H. Smith, First Asst. Co. Counselor, St. Louis Co. (for defendant Hensley), for defendants.

Before MATTHES, Circuit Judge, and HARPER and REGAN, District Judges.

REGAN, District Judge.

This action was brought under 28 U.S.C. §§ 2281 and 2284, attacking the constitutionality of Missouri laws, RSMo 1959, Sections 563.690 to 563.730 (563.690, 563.700 hereinafter referred to as "the Sabbath Breaking Laws" and 563.720, 563.730 hereinafter referred to as "the Sunday Selling Laws"), V.A.M.S.

The Missouri Sunday Laws in their present form are as follows (RSMo 1959, Sections 563.690-563.730, V.A.M.S.):

"563...

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