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ARLAN'S DEPT. STORES, INC. v. ATTORNEY GENERAL

Calendar Nos. 30, 31, Docket Nos. 50,332, 50,340.

374 Mich. 70 (1964)

130 N.W.2d 892

ARLAN'S DEPARTMENT STORES, INC., v. ATTORNEY GENERAL. ALLEN v. SAME.

Supreme Court of Michigan.

Decided November 2, 1964.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn (Jason L. Honigman, Alan E. Schwartz, John Sklar, and Asher Rabinowitz, of counsel) for plaintiffs Arlan's Department Stores, Inc., and its affiliates.

Bashara & Bashara (George Bashara, Sr., and William L. Coash, of counsel), for plaintiffs Allen and independent store operators.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Franklin J. Rauner, Assistant Attorney General, for defendants Attorney General and Commissioner of State Police.

Samuel H. Olsen, Prosecuting Attorney (George H. Cross, Assistant Prosecuting Attorney, of counsel), for defendant County of Wayne.

Robert W. Reese, Corporation Counsel (Robert D. McClear, Assistant Corporation Counsel), for defendant City of Detroit.

Dykema, Wheat, Spencer, Goodnow & Trigg (James H. Spencer, Nathan B. Goodnow, Donald E. Shely, and Richard E. Rabbideau, of counsel), for intervening defendants.

ADAMS, J.

These actions were filed to seek a declaratory judgment and to enjoin enforcement of PA 1962, No 128 (CL 1948, § 435.51 et seq. [Stat Ann 1963 Cum Supp § 18.857(1) et seq.]). Since the issues were identical, the cases were consolidated for decision and determination. We make disposition of both by this opinion. Plaintiffs, operators of retail stores, sought to have the act declared unconstitutional and invalid. The circuit court,...

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