Delaware Ex Rel. Trader v. Hodsdon

OPINION

CALEB M. WRIGHT, Chief Judge.

In this action the State of Delaware seeks a temporary restraining order, a preliminary injunction, and after final hearing, a permanent injunction against William M. Hodsdon. Hodsdon has been flying the flag of the United Nations above and to the right of the American flag in front of his residence. The State of Delaware contends that this conduct violates 36 U.S.C.A. § 175(c) (1953). 1 The defendant has moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. The Court has concluded that…