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RECORD HEAD INC. v. OLSON

Civ. No. A3-79-79.

476 F.Supp. 366 (1979)

RECORD HEAD INC., a North Dakota Corporation, Dan Bredell, d/b/a Mother's Records and Nalpac Enterprises, Ltd., d/b/a Nalpac, Ltd., a Michigan Corporation, Plaintiffs, v. Allen OLSON, Individually and in his official capacity as Attorney General of the State of North Dakota, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

September 17, 1979.

Attorney(s) appearing for the Case

Russell J. Myhre, Bismarck, N.D. (Michael L. Pritzker, Stroup, Goldstein, Jacobs, Jenkins & Pritzker, Chicago, Ill., of counsel), for plaintiffs.

Gail H. Hagerty, Asst. Atty. Gen., Allen I. Olson, Atty. Gen., Bismarck, N.D., for defendant.

ORDER

BENSON, Chief Judge.

Plaintiffs in the above-entitled action seek declaratory, injunctive and monetary relief from the effects of N.D.Cent.Code § 12.1-31-04, a statute enacted by the North Dakota Legislature in 1979 and which became effective on July 1, 1979. The action is now before the court on plaintiffs' motions for a preliminary injunction and to strike affirmative defenses pleaded by defendant.

N.D.Cent.Code § 12.1-31-04 provides...

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