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STRUTWEAR KNITTING CO. v. OLSON

No. 2909.

13 F.Supp. 384 (1936)

STRUTWEAR KNITTING CO. v. OLSON, Governor, et al.

District Court, D. Minnesota, Fourth Division.

February 6, 1936.

Attorney(s) appearing for the Case

Arnold L. Guesmer, Wm. E. MacGregor, and Donald F. Pratt, all of Minneapolis, Minn., for plaintiff.

Harry H. Peterson, Atty. Gen., and William S. Ervin, Deputy Atty. Gen., for defendant Floyd B. Olson.

Frederic D. McCarthy, of St. Paul, Minn., Judge Advocate General, Minnesota National Guard, for defendant Ellard A. Walsh, Adjutant General.

Richard S. Wiggin, City Atty., and John F. Bonner, Asst. City Atty., for defendant Thomas E. Latimer.

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

PER CURIAM.

The case has not become moot. The withdrawal of the troops for failure of the mayor to assume full responsibility for their conduct is no recognition of the rights of the plaintiff which are here sought to be vindicated, nor is there any assurance that the acts complained of will not be repeated if an injunction is denied or the case dismissed. See F. Burkart Mfg. Co. v. Case et al. (C.C.A.8)

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