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ROTHE v. S-N-GO STORES, INC.

Civ. No. 9978.

308 N.W.2d 872 (1981)

Cynthia A. ROTHE, In Her Official Capacity as Cass County State's Attorney, Plaintiff and Appellant, v. S-N-GO STORES, INC., Defendant and Appellee.

Supreme Court of North Dakota.

August 3, 1981.

Attorney(s) appearing for the Case

Bruce D. Quick, Asst. State's Atty., Fargo, for plaintiff and appellant; argued by Bruce D. Quick, Fargo.

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for defendant and appellee; argued by C. J. Serkland, Fargo.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for North Dakota Retail Ass'n, amicus curiae.

Stefanson, Landberg & Alm, Moorhead, Minn., amicus curiae.

VANDE WALLE, Justice.

This is an appeal by the Cass County State's Attorney from a judgment of the District Court of Cass County, dated February 9, 1981, denying the State's Attorney's request for a permanent injunction under the Sunday Closing Law, Chapter 12.1-30, N.D.C.C., to restrain S-N-Go Stores, Inc. (S-N-Go), from operating its grocery stores on Sundays. We reverse and remand.

The State's Attorney and S-N-Go filed a stipulation of facts with the district...

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