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F. & H. INVEST. CO. v. SACKMAN-GILLILAND CORP.

No. 45412.

232 N.W.2d 769 (1975)

F. & H. INVESTMENT COMPANY, et al., Plaintiffs and Counterclaim Defendants, Appellants, v. SACKMAN-GILLILAND CORPORATION and the Bryant-Franklin Corporation, counterclaimant and defendants, Respondents, v. ANDERSON INTERIORS, INC., et al., Counterclaim Defendants.

Supreme Court of Minnesota.

August 15, 1975.

Attorney(s) appearing for the Case

Tuzinski, Marofsky & Luther and Mark D. Luther, Halpern & Halpern and John A. Halpern, Minneapolis, for Wholesale Lighting.

Maun, Hazel, Green, Hayes, Simon & Aretz and Bruce G. Odlaug, St. Paul, for Sackman-Gilliland Corp.

Smith & Persian and Gary E. Persian, Minneapolis, for Bryant-Franklin.

Van Valkenburg, Comaford, Moss, Fassett, Flaherty & Clarkson and J. Brainerd Clarkson, Minneapolis, for Savings League of Minn. amicus curiae seeking affirmance.

Mackall, Crounse & Moore and Frederick L. Thorson, Minneapolis, amicus curiae seeking affirmance, Savings Lge. of Minn.

Randall Tigue and Douglas R. Heidenreich, Minn. Civil Liberties Union, Minneapolis, for Minn. Civil Liberties Union, amicus curiae, seeking reversal.

Best, Flanagan, Maloney, Carroll & Olson, Minneapolis, for Minn. Land Title Ass'n and George Maloney, amicus curiae, seeking affirmance.

Considered and decided by the court en banc.

PER CURIAM.

Appeal from the denial of plaintiffs' motion for summary judgment. Plaintiffs sought to set aside a mortgage foreclosure on the ground that foreclosure by advertisement authorized by Minn.St. c. 580 is an unconstitutional deprivation of property prohibited by the due process clause of U.S. Const. Amend. XIV. The trial court, without specifying the particular questions raised, certified to this court the broad issue of constitutionality. We remand the cause...

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