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STATE BY HUMPHREY v. CASINO MARKETING

No. C1-91-598.

491 N.W.2d 882 (1992)

STATE of Minnesota, by its Attorney General, Hubert H. HUMPHREY, III, Respondent, v. CASINO MARKETING GROUP, INC., Defendant, Larry J. Hall, a/k/a "Bud Hall" d/b/a "721 Associates" and d/b/a "Associated Marketing," petitioner, Appellant. STATE of Minnesota, by its Attorney General, Hubert H. HUMPHREY, III, Respondent, v. UNIVERSAL AMERICAN CREDIT CARD, INC., Respondent, Larry J. Hall, a/k/a "Bud Hall" d/b/a "721 Associates" and d/b/a "Associated Marketing," petitioner, Appellant.

Supreme Court of Minnesota.

November 6, 1992.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., James P. Jacobson, Sp. Asst. Atty. Gen., St. Paul, for State.

Robert M. Lindstrom, Minneapolis, for Universal American Credit Card, Inc.

John Riemer, MCLU Volunteer Atty., St. Paul (Deborah Gilman, Legal Counsel, Minnesota Civil Liberties Union, Minneapolis, of counsel), for amicus curiae.

Heard, considered and decided by the court en banc.

COYNE, Justice.

We examine whether the trial court's issuance of a temporary injunction enjoining Hall from using automatic dialing-announcing devices (ADADs) in contravention of Minn.Stat. §§ 325E.26-.311 during the pendency of this proceeding violates the first amendment of the United States Constitution or article I, section 3 of the Minnesota Constitution. The court of appeals...

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