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BEST PRODUCTS CO., INC. v. SPAETH

Civ. No. 900216.

461 N.W.2d 91 (1990)

BEST PRODUCTS CO., INC.; Creative Kitchen; Fiancee; Gallery West; McLaughlin Equipment Co., d.b.a. McLaughlin RV & Marine; Peggy's Card Shops, Inc., d.b.a. Peggy's Hallmark Shops; Ram Enterprises, d.b.a. Miller's True Value Hardware & Hanky Panky Gift Shop; West Acres Development; River Valley Press, Inc., d.b.a. Wizard of Kids; AJ Video; Coborn's, Inc., d.b.a. Cash Wise Foods; Main Realty, Inc., d.b.a. Main & Company Realtors; Metro Drug Company; Lloyd's Motors; and Rita Weisz, Plaintiffs, Appellees and Cross-Appellants. v. Nicholas J. SPAETH, North Dakota Attorney General, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

September 6, 1990.

Attorney(s) appearing for the Case

Nicholas J. Spaeth, Atty. Gen., Laurie J. Loveland, Terry Lee Adkins, Asst. Attys. Gen., Bismarck, for defendant, appellant and cross-appellee; argued by Nicholas J. Spaeth.

Wheeler Wolf, Bismarck, for plaintiffs, appellees and cross-appellants; argued by John M. Olson.

LEVINE, Justice.

This case presents, yet again, constitutional challenges to North Dakota's Sunday closing law. The district court rejected claims that the Sunday closing law was unduly burdensome on interstate commerce, that the law violated the establishment of religion clause, that the entire law was void as vague, and that the law was being selectively enforced. The district court concluded, however, that the law was discriminatory and violated equal protection...

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