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FAIRMONT FOODS CO. v. CITY OF DULUTH

No. 38,204.

260 Minn. 323 (1961)

110 N.W. (2d) 155

FAIRMONT FOODS COMPANY v. CITY OF DULUTH AND OTHERS.

Supreme Court of Minnesota.

June 16, 1961.

Attorney(s) appearing for the Case

Nye, Sullivan, McMillan, Hanft & Hastings, Craig P. Gilbert, Best, Flanagan, Lewis, Simonet & Bellows, and Leonard Simonet, for appellant.

Harry E. Weinberg, City Attorney, Thomas J. Bujold, Assistant City Attorney, and Joseph B. Johnson, for respondents.

NELSON, JUSTICE.

Action for declaratory judgment that an ordinance of the city of Duluth is unconstitutional and for an order enjoining the city officials from refusing to issue plaintiff a license permitting it to sell milk in the city.

The court found that the ordinance did not violate the constitution and refused to issue the injunction and thereafter denied in part plaintiff's motion for amended findings or for...

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