GREAT ATLANTIC & PACIFIC TEA CO. v. ERVIN

No. 2981.

23 F.Supp. 70 (1938)

GREAT ATLANTIC & PACIFIC TEA CO. v. ERVIN, Atty. Gen., et al.

District Court, D. Minnesota, Fourth Division.

April 29, 1938.


Attorney(s) appearing for the Case

Bergmann Richards, of Minneapolis, Minn., and George J. Feldman, of Washington, D. C., for plaintiff.

William S. Ervin, Atty. Gen., Matthias N. Orfield, Deputy Asst. Atty. Gen., Joseph H. Seeger, Sp. Asst. Atty. Gen., and Michael F. Kinkead, Co. Atty., and Richard B. Ryan, Asst. Co. Atty., both of St. Paul, Minn., for defendants Ervin, Kinkead, and Gibbons.

Edward J. Goff, Co. Atty., and William G. Compton, Asst. Co. Atty., both of Minneapolis, Minn., for defendants Goff and Wall.

Ben W. Palmer, of Minneapolis, Minn., for Minnesota Council of Retail Trade Ass'ns, amicus curiæ.

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


PER CURIAM.

Upon the hearing it was stipulated by the parties in open court that the entire case should be deemed submitted to the court for final determination upon the pleadings, the affidavits filed by the respective parties, the oral arguments, and the briefs.

The statute the validity of which is challenged is known as the Minnesota Unfair Trade Practices Act, and is entitled, "An act to prohibit unlawful discrimination in the production, manufacture or...

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