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MINNESOTA ASSOCIATION OF PUBLIC SCHOOLS v. HANSON

No. 42095.

178 N.W.2d 846 (1970)

MINNESOTA ASSOCIATION OF PUBLIC SCHOOLS, et al., Appellants, v. Kenneth HANSON, County Auditor of Otter Tail County, et al., Respondents, Duane Mattheis, Comm'r. of Education of Minnesota, Respondent.

Supreme Court of Minnesota.

June 26, 1970.

Attorney(s) appearing for the Case

Feinberg, Mirviss, Meyers, Schumacher & Malmon, Minneapolis, for appellants.

Harlan L. Nelson, County Atty., Fergus Falls, for respondent Hanson.

Douglas M. Head, Atty. Gen., Richard Kyle, Solicitor Gen., and Douglas L. Skor, Spec. Asst. Atty. Gen., for respondent Mattheis.

OPINION

NELSON, Justice.

Appeal from a district court order granting defendants' motion to dismiss the complaint and from judgment entered thereon.

Plaintiffs initiated a declaratory judgment action on two counts seeking a declaration of unconstitutionality of L.1967, c. 833 (Minn.St. 122.41 to 122.52) requiring that all school districts not maintaining classified elementary and secondary schools on July...

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