Legal Opinion

Benell v. City of Virginia

Supreme Court of Minnesota

Decided August 5, 1960No. 37,842Published

1Opinion of the Court

258 Minn. 559 (1960)

104 N.W. (2d) 633

O.E. BENELL, M.D.

v.

CITY OF VIRGINIA.

No. 37,842.

Supreme Court of Minnesota.

August 5, 1960.

Lewis, Hammer, Heaney, Weyl & Halverson, for appellant.

S.L. Cohen, City Attorney, and Hyman Edelman, Special Assistant City Attorney, for respondent.

THOMAS GALLAGHER, JUSTICE.

Action by plaintiff, Dr. O.E. Benell, for a declaratory judgment that a resolution adopted June 3, 1957, by the hospital commission of the Virginia Municipal Hospital, which is owned by defendant, city of Virginia, is invalid. The resolution is as follows:

"Any member of the active medical staff…

2Cases cited16 opinions

  1. State Ex Rel. Ging v. Board of EducationSupreme Court of Minnesota · 1942
  2. Hayman v. City of GalvestonSupreme Court of the United States · 1927
  3. State v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  4. In Re Disbarment of George H. OtternessSupreme Court of Minnesota · 1930
  5. Findlay v. Board of Sup'rs of County of MohaveArizona Supreme Court · 1951

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