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CITY OF BISMARCK v. MATERI

Crim. No. 394.

177 N.W.2d 530 (1970)

The CITY OF BISMARCK, a Municipal Corporation, Appellant, v. Al MATERI, Respondent.

Supreme Court of North Dakota.

June 1, 1970.

Attorney(s) appearing for the Case

John A. Zuger, Sr., and Frederick E. Saefke, Jr., Bismarck, for plaintiff and appellant.

Rausch & Chapman, Bismarck, for defendant and respondent.

ERICKSTAD, Judge, on reassignment.

By complaint dated March 31, 1969, Mr. Materi was charged with having violated Subsection 13 of Ordinance 22.0401 of the City of Bismarck. Subsection 13 prohibits, with certain exceptions, the conducting of business or labor for profit on Sundays. On being tried for this offense, Mr. Materi was found guilty and sentenced. He thereafter appealed from the sentence of the municipal court to the district court.

In the district...

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