Legal Opinion

Gibson Distributing Co. v. Downtown Development Ass'n of El Paso

Texas Supreme Court

Decided December 4, 1978No. B-7383PublishedCited by 9 opinions

1Opinion of the Court

GREENHILL, Chief Justice.

This is another lawsuit attacking the constitutionality of the so-called Sunday Closing Law of Texas, Article 9001 of our civil statutes. 1 Two grounds for the attack are due process and equal protection. The third is a contention that the Texas statute is invalid because it deals with restraint of trade, a field which, it is argued, has been preempted by the Congress and its Sherman Antitrust Act. More specifically, the point is that “Article 9001 . . . was preempted by the Sherman Act. . . . ”

The case reaches us as a direct appeal from a district court in El Paso.…

2Cases cited7 opinions

  1. Parker v. BrownSupreme Court of the United States · 1943
  2. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  3. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  4. City of Lafayette v. Louisiana Power & Light Co.Supreme Court of the United States · 1978
  5. State v. Spartan's Industries, Inc.Texas Supreme Court · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Harris County, Texas v. Carmax Auto Superstores IncCourt of Appeals for the Fifth Circuit · 1999
  2. Retail Merchants Ass'n of Houston v. Handy Dan Hardware, Inc., Texas Court of Appeals, 1st District (Houston)1985
  3. Ex parte RobbinsCourt of Appeals of Texas · 1983
  4. State v. Revco, D.S., Inc.Court of Appeals of Texas · 1984
  5. Wolf v. StateCourt of Appeals of Texas · 1983

4 more not listed; retrieve them via the Exa API.

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