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SHERN v. TRACTOR SUPPLY COMPANY OF GRAND FORKS

Civ. No. A2-74-66.

381 F.Supp. 1331 (1974)

Gerald SHERN, Plaintiff, v. TRACTOR SUPPLY COMPANY OF GRAND FORKS, et al., Defendants.

United States District Court, D. North Dakota, Northeastern Division.

October 1, 1974.

Attorney(s) appearing for the Case

Gerald J. Haga, Degnan, McElroy, Lamb, Camrud & Maddock, Ltd., Grand Forks, N. D., for plaintiff.

H. Patrick Weir, Vogel, Vogel, Brantner & Kelly, Fargo, N. D., for Tractor Supply & TSC Industries, Inc.

Timothy Q. Davies, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for American President Lines.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

This action arises out of the entry by plaintiff into a contest sponsored and promoted by Defendant Tractor Supply Company (TSC) of Grand Forks, Inc. The contest, according to the complaint, was contained in an advertising supplement which read in part:

"Win! A glamorous three month cruise on the S. S. President Wilson. See Bombay, Hong Kong, Honolulu and more. Register now! Nothing to buy . . ." ...

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