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GREATER DULUTH COACT v. CITY OF DULUTH

Civ. No. 5-88-229.

701 F.Supp. 1452 (1988)

GREATER DULUTH COACT, a Minnesota corporation, Plaintiff, v. CITY OF DULUTH, a municipal corporation and The Minnesota Charitable Gambling Control Board, Defendants.

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

December 22, 1988.

Attorney(s) appearing for the Case

Kenneth D. Butler, Mark S. Rubin, Van Evera, Clure, Butler & Michelson, P.A., Duluth, Minn., for plaintiff.

Bill Dinan, Duluth City Atty., and John Smedberg, Asst. City Atty., City Hall, Duluth, Minn., for defendant City of Duluth.

Hubert H. Humphrey, III, Atty. Gen., and Mary Magnuson, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant The Minnesota Charitable Gambling Control Bd.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

On November 14, 1988 Duluth's city council passed a resolution disapproving the renewal of a charitable gambling license to Greater Duluth COACT (COACT). Under Minn.Stat. § 349.213, subd. 2, the city council's resolution prohibited the Minnesota Charitable Gambling Control Board (the board) from renewing COACT's license. COACT has filed suit claiming that the city council's action violated its right...

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