RED OWL STORES v. AMALGAMATED MEAT CUTTERS, ETC.

Civ. No. 2343.

109 F.Supp. 629 (1953)

RED OWL STORES, Inc. v. AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION NO. 114 (A.F.L.) et al.

United States District Court D. Minnesota, Third Division.

January 27, 1953.


Attorney(s) appearing for the Case

C. Donald Peterson and Herbert Lefler, Minneapolis, Minn., for plaintiff.

Robins, Davis & Lyons, Solly Robins, St. Paul, Minn., for defendant Amalgamated Meat Cutters & Butcher Workmen of North America, Local Union No. 114 (A.F.L.)

Felhaber & Larson, Richard Felhaber and Robert Fenlon, St. Paul, Minn., for St. Paul Food Retailers Ass'n, Inc., The Hove Food Market Inc., and Kleins Supermarkets, Inc.

William E. MacGregor and William E. MacGregor, Jr., Minneapolis, Minn., for National Tea Co., Inc.

Lipschultz, Altman & Geraghty, James Geraghty and Milton H. Altman, St. Paul, Minn., for Applebaum Food Markets, Inc., and Cut Price Supermarket.


DONOVAN, District Judge.

Plaintiff commenced action against defendants, seeking an injunction, forfeiture of corporate franchises and damages. At the hearing of plaintiff's motion for a preliminary injunction defendants moved for summary judgment or that the action be dismissed on the grounds that (1) the Court lacks jurisdiction over the subject matter, and (2) that plaintiff's complaint does not state a claim upon which relief can be granted.

On account...

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