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MAGRAW v. DONOVAN

Civ. No. 2981.

177 F.Supp. 803 (1959)

Daniel B. MAGRAW, John O. Erickson, Ruth H. O'Dell, Arthur R. Swan, Plaintiffs, v. Joseph L. DONOVAN, Secretary of State of the State of Minnesota, Walter H. Borgen, Auditor of St. Louis County, Minnesota, Robert F. Fitzsimmons, Auditor of Hennepin County, Minnesota, Eugene A. Monick, Auditor of Ramsey County, Minnesota, Frances L. Underleak, Auditor of Olmstead County, Minnesota, individually as Auditors of their respective counties and representatives of all County Auditors of the State of Minnesota, Defendants, and County of Houston, County of Grant, County of Otter Tail, and Dolores Hauge, Auditor of County of Houston, G. J. Lynne, Auditor of County of Grant, and S. B. Johnson, Auditor of County of Otter Tail, Intervening Defendants.

United States District Court D. Minnesota, Third Division.

October 26, 1959.

Attorney(s) appearing for the Case

Reginald Ames, Frank S. Farrell and William C. Meier, St. Paul, Minn., for plaintiffs.

Miles Lord, Atty. Gen. of Minnesota, and Harold J. Soderberg, Jr., Asst. Atty. Gen. of Minnesota, for the State of Minnesota.

L. L. Roerkohl, County Atty., Houston County, Caledonia, Minn., for intervenors.

BELL, District Judge.

This matter is before the Court on the motion of plaintiffs, pursuant to Rule 41 (a) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order permitting plaintiffs to dismiss the action without prejudice to any of the parties.

Plaintiffs, who are residents of the more populous areas of the state of Minnesota, in this action seek a determination that their representation, and the representation of other residents similarly...

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