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ROBERTS v. WHITAKER

No. 42270.

178 N.W.2d 869 (1970)

Donald V. ROBERTS, Respondent, v. Robert A. WHITAKER, Appellant.

Supreme Court of Minnesota.

June 26, 1970.

Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., John R. Kenefick, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Meier, Kennedy & Quinn, St. Paul, for respondent.

John Daubney, St. Paul, amicus curiae.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

SHERAN, Justice.

This action was brought to enjoin enforcement of a subpoena duces tecum issued by Robert A. Whitaker, public examiner of the State of Minnesota. Plaintiff, Donald V. Roberts, also moved to quash the subpoena. The State of Minnesota responded with a motion to dismiss the action because the complaint failed to state a cause of action. Following a hearing on the motions, the district court...

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