POWERS MERCANTILE CO. v. OLSON

Nos. 2775, 2776.

7 F.Supp. 865 (1934)

POWERS MERCANTILE CO. et al. v. OLSON, Governor of Minnesota, et al. LA BELLE SAFETY STORAGE CO. et al. v. SAME.

District Court, D. Minnesota, Fourth Division.

August 11, 1934.


Attorney(s) appearing for the Case

Boutelle, Bowen & Flanagan, Stinchfield, Mackall, Crounse, McNally & Moore, Levy & Dretchko, Mark J. Woolley, and James E. O'Brien, all of Minneapolis, Minn., for plaintiffs.

Floyd B. Olson, Governor, Lieut. Col. Frederic D. McCarthy, Major John H. Hougen, Lieut. Peter S. Rask and Lieut. Arthur M. Clure (Harry H. Peterson, Atty. Gen., and Matthias N. Orfield, William S. Ervin, and Roy C. Frank, Asst. Attys. Gen., on the brief), for defendants.

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


PER CURIAM.

By consent of the parties, these causes, which involve the same questions and arise out of the same state of facts, were presented and argued together. They are suits to enjoin the Governor and the other defendants from interfering with the movement of motortrucks owned and operated by the plaintiffs.

Since it appears that the plaintiffs seek to enjoin the defendants, who are officers of the state, from doing what they claim they are authorized...

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