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RIMARCIK v. JOHANSEN

No. 4-69 Civil 216.

310 F.Supp. 61 (1970)

John V. RIMARCIK, Plaintiff, v. J. Richard JOHANSEN, as City Clerk of Minneapolis; Joseph L. Donovan, as Secretary of State of the State of Minnesota; Ben Allison, as Register of Deeds of Hennepin County, Defendants, and George C. Dodds, Intervenor.

United States District Court, D. Minnesota, Fourth Division.

February 4, 1970.

Attorney(s) appearing for the Case

Norman L. Newhall, Jr., Minneapolis, Minn., for plaintiff.

Bruce W. Okney, Sp. Asst. Atty. Gen., St. Paul, Minn., George V. Johnson, John K. Harvey, Asst. City Attys., Minneapolis, Minn., for defendants.

Clay R. Moore, Minneapolis, Minn., for intervenor.

Before HEANEY, Circuit Judge, and LARSON and LORD, District Judges.

MEMORANDUM DECISION

MILES W. LORD, District Judge:

This case raises the issue of whether a provision in a state statute requiring a 55% favorable vote for adoption of an amendment to a home rule charter is unconstitutional as violative of the Equal Protection Clause. The statute in question is Chapter 1027, § 2, Laws of Minnesota 1969, which provides that any provisions in a home rule charter which prohibit the sale of intoxicating liquor or wine in...

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