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CITY OF MINOT v. CENTRAL AVE. NEWS, INC.

Civ. No. 9918.

308 N.W.2d 851 (1981)

The CITY OF MINOT, a municipal corporation and political subdivision of the State of North Dakota, and State of North Dakota ex rel. Carroll Erickson, Plaintiffs, Appellees, and Cross-Appellants, v. CENTRAL AVENUE NEWS, INC., a foreign corporation, and Donald G. Gittelson, Defendants, Appellants, and Cross-Appellees.

Supreme Court of North Dakota.

July 17, 1981.

Attorney(s) appearing for the Case

Nevin Van de Streek, of Eaton, Van de Streek & Ward, Minot, for plaintiffs, appellees, and cross-appellants.

Timothy J. Austin, Mandan, for defendants, appellants, and cross-appellees; Arthur M. Schwartz, Denver, Colorado, of counsel.

VANDE WALLE, Justice.

Central Avenue News, Inc. ["Central"], and Donald G. Gittelson, Central's controlling stockholder, appeal from that portion of a judgment of the district court of Ward County which upheld the constitutionality of two ordinances enacted by the City of Minot ["Minot"]. Minot and the State of North Dakota ex rel. Carroll Erickson, chief of the Minot police department, cross-appeal from that portion of the same judgment which dismissed their attempt...

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