NORTH STAR ARMY & NAVY STORE, INC. v. CLARK

No. 35,029.

231 Minn. 55 (1950)

NORTH STAR ARMY & NAVY STORE, INC. AND OTHERS v. JAMES W. CLARK AND ANOTHER.

Supreme Court of Minnesota.

April 28, 1950.


Attorney(s) appearing for the Case

Joseph L. Nathanson, for appellants.

J.A.A. Burnquist, Attorney General, and Charles E. Houston, Assistant Attorney General, for respondents.


MAGNEY, JUSTICE.

A demurrer to the complaint herein on the ground that the facts set out do not constitute a cause of action was sustained. Plaintiffs appeal.

This action is brought under the declaratory judgments act to have M.S.A. 333.17 (L. 1945, c. 212) declared unconstitutional and to have the defendants restrained from interfering with plaintiffs use of the words "Army" and "Navy" in their business or in the titles of their corporate names or in the...

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