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STATE v. HERSHBERGER

No. C9-88-2623.

462 N.W.2d 393 (1990)

STATE of Minnesota, Respondent, v. Eli A. HERSHBERGER, et al., Appellants.

Supreme Court of Minnesota.

November 9, 1990.

Attorney(s) appearing for the Case

Philip G. Villaume, Philip G. Villaume & Associates, St. Paul, and Joseph L. Daly, Howard J. Vogel, St. Paul, for appellants.

Robert R. Benson, Fillmore County Atty., Preston, and Matthew J. Opat, Asst. Fillmore County Atty., Chatfield, for respondent.

David L. Bishop, Oppenheimer, Wolff & Donnelly, and Judith Cook, Minneapolis, for amicus.

Heard, considered and decided by the court en banc.

POPOVICH, Chief Justice.

The facts of this case are reported in Minnesota v. Hershberger, 444 N.W.2d 282 (Minn.1989) (Hershberger I). On appeal of that decision to the United States Supreme Court, certiorari was granted, the judgment was vacated, and the case was remanded to this court for reconsideration in light of the decision in Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. ___,...

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