Dakota Coal Co. v. Fraser
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. ■ Suit by the Dakota Coal Company and others against G. A. Fraser, individually and as Adjutant General of the state of North Dakota, and others. From an order denying the motion of plaintiffs for a temporary injunction, plaintiffs appeal.
1Opinion of the Court
JOHNSON, District Judge.
During the strike of the coal miners in November, 1919, the Governor of North Dakota, claiming to act by virtue of the authority vested in him as Governor of the state and commander in chief of the state militia, directed the adjutant general of the state to take charge of and operate the coal or lignite mine of the plaintiffs in this action, together with the mines of 31 other companies engaged in operating coal or lignite mines in said state.
*131The Governor in his proclamations declared that a crisis had arisen as a result of the strike, threatening severe suffering to…
2Cases cited16 opinions
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- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- California v. San Pablo & Tulare RailroadSupreme Court of the United States · 1893
- United States v. Alaska Steamship Co.Supreme Court of the United States · 1920
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3Cited by16 opinions
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- Rivers v. MillerCourt of Appeals for the Fifth Circuit · 1940
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