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G.E.M. OF ST. LOUIS, INC. v. CITY OF BLOOMINGTON

Nos. 39745, 39760.

144 N.W.2d 552 (1966)

G.E.M. OF ST. LOUIS, INC., Respondent, v. CITY OF BLOOMINGTON, Appellant, and Spartan Industries, Inc., Intervenor, Respondent, and Evald A. Jacobsen, dba Ben Franklin Store, Intervenor, Appellant.

Supreme Court of Minnesota.

July 29, 1966.

Attorney(s) appearing for the Case

John G. Pidgeon, City Atty., John J. Waters, Asst. City Atty., Bloomington, for City of Bloomington.

Faegre & Benson and Wright W. Brooks, Minneapolis, for Jacobsen, dba Ben Franklin Store.

Feinberg, Mirviss, Meyers, Schumacher & Malmon, Minneapolis, for G.E.M.

Grannis & Grannis, South St. Paul, for Spartan.

OPINION

SHERAN, Justice.

Appeals from a judgment of the district court entered pursuant to an order made in response to a motion for summary judgment in proceedings instituted by G.E.M. of St. Louis, Inc., against the city of Bloomington in an effort to establish the invalidity of an ordinance adopted by the city prohibiting certain business activities on Sunday.

The ordinance involved reads as follows:

"Section 1. Definition and Interpretation...

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