Richbourg's Shoppers Fair, Inc. v. Stone

Lionel K. Legge, Acting Associate Justice.

Plaintiffs in this action sought to enjoin the defendants, who compose the South Carolina State Dairy Commission, from enforcing the provisions of Section 5 of Act No. 297 of the 1965 Acts of the General Assembly, alleging that said section was unconstitutional. In their answer, the defendants alleged: (1) that the plaintiffs were not real parties in interest and therefore had no' standing to maintain the action; and (2) that the challenged legislation was constitutional and necessary for the prevention of unfair trade practices and monopolies.

The…