Retail Merchants Ass'n of Houston v. Handy Dan Hardware, Inc.

OPINION

WARREN, Justice.

This case involves the constitutionality of article 9001 of the Texas Revised Civil Statutes, commonly called the Texas “Blue Law.” The Texas Supreme Court has previously held the statute facially constitu*46tional against contentions similar to those made by appellees in this case. The trial court, however, found that it was not bound by the previous decisions because the records before those courts were not fully developed. The court below held the statute unconstitutional and refused appellant’s application to permanently enjoin ap-pellees from violating the statute.…