French Art Cleaners v. State Board of Dry Cleaners

I dissent for the reasons set forth in the dissenting opinion in State Board of Dry Cleaners v. Thrift-D-Lux Cleaners, ante, p. 449 [ 254 P.2d 29 ].

Gibson, C. J., and Carter, J., concurred.

Appellant’s petition for a rehearing was denied April 2, 1953. Gibson, C. J., Carter, J., and Traynor, J., were of the opinion that the petition should be granted.

These are direct appeals from judgments of the superior court enjoinng the defendants from enforcing the price fixing portions of the Dry Cleaners’ Act of 1945 embodied in sections 9560 through 9567 of the Business and .Professions Code, and declaring those sections to be unconstitutional under the due process clauses of the state and federal Constitutions. The court also denied injunctive relief sought by the defendants under their cross-complaints. The issues set forth in the pleadings in the two eases are the same and the proceedings were consolidated for trial by stipulation and order. However, separate judgments were rendered and separate appeals have been taken.

' The controversy in each case arose over an order adopted by the State Board of Dry Cleaners fixing minimum prices for various articles of apparel as provided for in the challenged sections of the code. The plaintiffs brought the actions to enjoin the enforcement of the orders on the ground that the price fixing provisions of that statute are invalid. The defendant board sought injunctive relief in its cross-complaints to prevent the plaintiffs from violating the order and minimum price schedules fixed by the…