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GALLOWAY v. FORUM PUBLISHING COMPANY

No. 8262.

138 N.W.2d 798 (1965)

J. K. GALLOWAY, James R. GAUSTAD, Paul V. Reslock, Arne Springan, and O. Clifford Wold, as Members of the North Dakota State Board of Optometry, Plaintiffs and Appellants, v. FORUM PUBLISHING COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied December 30, 1965.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison & Jukkala, Jamestown, for plaintiffs and appellants.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendant and respondent.

STRUTZ, Justice.

The plaintiffs and appellants, as members of the North Dakota State Board of Optometry, bring this action to restrain the defendant from accepting for publication and from publishing certain commercial advertising for the sale of eyeglasses, frames, and optical appliances, which advertising was submitted to it by certain optical companies located in the State of Minnesota. The plaintiffs contend that the acceptance and the publishing of such advertising...

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