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STATE BY MALONE v. BURLINGTON NORTHERN, INC.

No. 47037.

247 N.W.2d 54 (1976)

STATE of Minnesota, By E. I. MALONE, its Commissioner of Labor and Industry, Respondent, v. BURLINGTON NORTHERN, INC., Appellant.

Supreme Court of Minnesota.

November 5, 1976.

Attorney(s) appearing for the Case

Frank S. Farrell, Harold K. Bradford, Jr., Barry McGrath, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Steven M. Gunn and Eugene R. Gaetke, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Lindquist & Vennum, Edward M. Glennon, Jeffrey R. Schmidt and J. Kevin Costley, Minneapolis, for Minn. Railroads Assn., seeking reversal.

Karlins, Grossman, Karlins, Siegel & Brill and Robert L. Lowe, Minneapolis, for International Assn. of Machinists & Aerospace Workers, et al., seeking affirmance.

Considered and decided by the court en banc.

PER CURIAM.

Burlington Northern, Inc. (Burlington) appeals from an order granting a permanent injunction sought by the commissioner of labor and industry. In late 1975, the commissioner received several complaints regarding working conditions at Burlington's "Northern Diesel Facility," a repair and maintenance facility for diesel locomotives. The complaints alleged excessive exhaust fumes and an inadequate overhead walkway...

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