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SYLVESTRE v. STATE

Nos. 44224 through 44228, 44230.

214 N.W.2d 658 (1973)

J. H. SYLVESTRE, Respondent, v. STATE of Minnesota, et al., Appellants. Harold E. FLYNN, Respondent, v. STATE of Minnesota, et al., Appellants. Paul J. JAROSCAK, Respondent, v. STATE of Minnesota, et al., Appellants. J. K. UNDERHILL, Respondent, v. STATE of Minnesota, et al., Appellants. Arnold C. FORBES, Respondent, v. STATE of Minnesota, et al., Appellants. Levi M. HALL, Respondent, v. STATE of Minnesota, et al., Appellants.

Supreme Court of Minnesota.

December 14, 1973.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Curtis D. Forslund, Sol. Gen., Thomas R. Muck, Spec. Asst. Atty. Gen., St. Paul, for appellants.

L. A. Erickson, Crookston, for Sylvestre.

Mackall Crounse & Moore and Floyd E. Nelson, Minneapolis, for Flynn.

Thomas J. Sexton, St. Paul, for Jaroscak.

William P. O'Brien, Duluth, for Underhill.

Louis J. Moriarty, Minneapolis, for Hall.

Irving R. Brand, Minneapolis, for Forbes.

Heard and considered en banc.

KNUTSON, Chief Justice.

These cases, consolidated for trial and consolidated here for review, involve actions brought by District Judges J. H. Sylvestre, Harold E. Flynn, Paul J. Jaroscak, J. K. Underhill, Levi M. Hall, and Arnold C. Forbes, seeking declaratory judgments that Ex.Sess.L.1967, c. 38, and L.1969, c. 987, which amended Minn.St. 490.102 regarding judges' retirement, are unconstitutional as applied to them. The cases were submitted on stipulated facts....

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