STATE v. WOLKOFF

No. 37,025.

250 Minn. 504 (1957)

85 N.W. (2d) 401

STATE, BY J.W. CLARK, COMMISSIONER OF DEPARTMENT OF BUSINESS DEVELOPMENT, v. HARRY K. WOLKOFF AND ANOTHER, TRUSTEES OF HALPERN FAMILY TRUST, AND OTHERS, PARTNERS d.b.a. CUT PRICE SUPER MARKETS. MINNESOTA COUNCIL OF RETAIL TRADE ASSOCIATIONS, INTERVENOR.

Supreme Court of Minnesota.

October 4, 1957.


Attorney(s) appearing for the Case

Miles Lord, Attorney General, Howard H. Gelb, Special Attorney, for plaintiff-appellant.

Loftsgaarden & Loftsgaarden, for intervenor-appellant.

Lipschultz, Altman, Geraghty & Mulally, for respondents.


DELL, CHIEF JUSTICE.

In this action the state seeks to enjoin the defendants from offering and selling merchandise at less than cost as prohibited by law. Following a trial without a jury, the court found that while there were advertisements and sales at less than cost, there was not the necessary purpose or effect required by statute to constitute a violation of law and that, therefore, the defendants were entitled to judgment of dismissal on the merits. Plaintiff...

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