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WILSON & CO. v. FREEMAN

No. 4-59 Civ. 307.

179 F.Supp. 520 (1959)

WILSON & CO., Inc., a Delaware corporation, Plaintiff, v. Orville L. FREEMAN, Governor of the State of Minnesota, Major General Joseph E. Nelson, Adjutant General of the State of Minnesota, Major General Richard Cook, Everette H. Stovern, Sheriff of Freeborn County, O. Russell Olson, County Attorney, Freeborn County, Charles Heilman, Chief of Police, City of Albert Lea, and Niles R. Shoff, Mayor of the City of Albert Lea, Defendants.

United States District Court D. Minnesota, Fourth Division.

December 22, 1959.

Attorney(s) appearing for the Case

David L. Grannis, Jr., and Vance B. Grannis, of Grannis & Grannis, South St. Paul, Minn., and Donald F. Pratt, of Guesmer, Carson, MacGregor, Clifford & Pratt, Minneapolis, Minn., appeared in behalf of plaintiff.

Lee Loevinger, Minneapolis, Minn., appeared and entered a general appearance in behalf of Major General Joseph E. Nelson, Adjutant General of the State of of Minnesota, and a special appearance in behalf of Major General Richard Cook, Commanding General of the Minnesota National Guard Detachment Station at Albert Lea, Minn., who according to the record had not been served with process.

Miles Lord, Atty. Gen. of Minnesota, appeared in behalf of the remaining defendants.

Before SANBORN, Circuit Judge, and DEVITT and NORDBYE, District Judges.

PER CURIAM.

This cause came on for hearing on December 16, 1959, at Minneapolis, Minnesota, before John B. Sanborn, United States Circuit Judge, and Edward J. Devitt and Gunnar H. Nordbye, United States District Judges, impaneled as a statutory three-judge court under the provisions of Section 2284, Title 28, United States Code, upon the application of the plaintiff for an interlocutory injunction. Defendants filed motions to dismiss upon the grounds that the Court...

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