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RAWLAND v. SHEPPARD

No. 45300.

232 N.W.2d 8 (1975)

Frank S. RAWLAND, by Walter S. Johnson as Guardian Ad Litem, Respondent, v. C. G. SHEPPARD, M. D., Medical Director, Minnesota Security Hospital, St. Peter, Minnesota, Respondent, State of Minnesota, Appellant.

Supreme Court of Minnesota.

July 18, 1975.

Attorney(s) appearing for the Case

John E. MacGibbon, County Atty., Elk River, for appellant.

C. Paul Jones, Public Defender, Mark W. Peterson, Asst. Public Defender, Minneapolis, for Rawland by Johnson.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Michael R. Saeger, Sp. Asst. Atty. Gen., St. Paul, for Sheppard.

Heard before OTIS, PETERSON, TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This is a proceeding brought by petitioner, Frank S. Rawland, under Minn.St. 631.19 to secure his parole from the Minnesota Security Hospital at St. Peter. The state appeals from an order of the District Court of Sherburne County denying its motion for dismissal and certifying as important and doubtful three questions pursuant to Rule 103.03(i), Rules of Civil Appellate Procedure. We affirm and remand to the district court for a decision on the merits...

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