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207 Minn. 93

290 N.W 434

State v. Comer

Supreme Court of Minnesota

Decided February 2, 1940

Supreme Court of Minnesota · decided 1940-02-02

Cited by 3 later decisions — most recently February 1974

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1940-02-02

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Stone, Justice

¶1 (dissenting).

¶2 I consider that there is so much difference in so many respects, both intrinsic and extrinsic, between a filling station and a “general merchandise store,” that the legislature may well put them in different categories for purposes such as those presently involved. To hold otherwise appears to me to be but the forging of a judicial shackle for legislative action, which by so much would be a transgression of judicial power. In my opinion the judgment should be affirmed.

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