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STATE v. SCHMIDT

No. 40632.

159 N.W.2d 113 (1968)

STATE of Minnesota, Respondent, v. Robert Theodore SCHMIDT, Appellant.

Supreme Court of Minnesota.

May 17, 1968.

Attorney(s) appearing for the Case

Ryan, Ryan & Ebert, Brainerd, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburg, Pa., for appellant.

Douglas M. Head, Atty. Gen., St. Paul, D. A. Larson, City Atty., Brainerd, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.

OPINION

OTIS, Justice.

This is an appeal from a conviction for violating an ordinance of the city of Brainerd requiring transient merchants to obtain a permit to do business in that city and requiring nonresidents to post a bond. The issue is whether such an ordinance is valid. We hold it is not.

The facts are not in dispute. Defendant, Robert Theodore Schmidt, is a resident of St. Cloud, a city located in Stearns, Benton, and Sherburne Counties...

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