Braunfeld v. Gibbons, Civ. A. No. 26945.
| Decision Date | 16 December 1959 |
| Docket Number | Civ. A. No. 26945. |
| Citation | 184 F. Supp. 352 |
| Parties | Abraham BRAUNFELD, Isaac Friedman, Alter Diament, S. David Friedman and Joseph R. Friedman, Plaintiffs, v. Thomas J. GIBBONS and Victor H. Blanc, Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Before HASTIE, Circuit Judge, GANEY, Chief District Judge, and EGAN, District Judge.
Final order dismissing amended complaint.
This cause having been submitted on the Amended Complaint and defendants' motion to dismiss that complaint; and this court finding itself in full accord with the reasoning and conclusions of another statutory court of this district in Two Guys From Harrison-Allentown, Inc. v. McGinley, No. 25626, D.C.1959, 179 F.Supp. 944, concerning the constitutionality of Pennsylvania Act No. 212, 18 P.S. § 4699.10, approved August 10, 1959, prohibiting retail selling of enumerated commodities on Sunday; and the court finding nothing in the Amended Complaint herein to make the legal ruling in the aforesaid case No. 25626 inapplicable; it is this 16th day of December, 1959,
Ordered that the complaint herein seeking a permanent injunction against the enforcement of Pennsylvania Act No. 212, approved August 10, 1959, be and it is hereby dismissed.
To continue reading
Request your trial
-
Braunfeld v. Brown, 67
...above. A three-judge court was properly convened and it dismissed the complaint on the authority of the Two Guys from Harrison case. 184 F.Supp. 352. On appeal brought under 28 U.S.C. § 1253, 28 U.S.C.A. § 1253, we noted probable jurisdiction, 362 U.S. 987, 80 S.Ct. 1078, 4 L.Ed.2d Appellan......
-
Fass v. Roos
...and second, because the religious objections to the statute's constitutionality were before this court. 4 Braunfeld et al. v. Gibbons et al., D.C. E.D.Pa.1959, 184 F.Supp. 352. 5 Two Guys from Harrison-Allentown, Inc. v. McGinley, D.C.E.D.Pa.1959, 179 F. Supp. 944; McGowan v. Maryland, 1959......
-
Monteleone v. Furman
...Md. 117, 151 A.2d 156; Crown Kosher Super Market of Mass., Inc. v. Gallagher, D.C.D.Mass.1959, 176 F.Supp. 466; Braunfeld v. Gibbons, D.C. E.D.Pa.1959, 184 F.Supp. 352, 353. See 29 U.S.L. Week 3173 (December 13, Plaintiffs, however, seek to distinguish this case from Fass v. Roos, supra, by......
-
Mason v. Town of Salem
...875; Two Guys From Harrison-Allentown Inc. v. McGinley, D.C., 179 F.Supp. 944; 362 U.S. 960, 80 S.Ct. 876, 4 L.Ed.2d 875; Braunfeld v. Gibbons, D.C., 184 F.Supp. 352; 362 U.S. 987, 80 S.Ct. 1078, 4 L.Ed.2d 1020; note, State Sunday Laws and the Religious Guarantees of the Federal Constitutio......