FAIRMONT FOODS COMPANY v. BURGUM

No. 7597.

81 N.W.2d 639 (1957)

FAIRMONT FOODS COMPANY, Plaintiff and Respondent, v. Leslie R. BURGUM, Attorney General of the State of North Dakota, and Harold L. Anderson, State's Attorney of Burleigh County, North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

February 21, 1957.


Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., A. C. Bakken, Jr., First Asst. Atty. Gen., John Hjellum, Sp. Asst. Atty. Gen., for appellants.

Hyland & Conmy, Bismarck, Flansburg & Flansburg, Lincoln, Neb., for respondents.


SATHRE, Judge.

The plaintiff brings this action for a declaratory judgment declaring Chapter 303 of the Session Laws of 1955 of North Dakota unconstitutional and void and for a restraining order or temporary injunction enjoining the defendants from taking any steps or instituting any action or bringing any proceedings of any kind for the enforcement of said Chapter 303 until the final determination of this action. An order to show cause was served on the defendants...

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