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FLECK v. SPANNAUS

No. 3-75 Civ. 178.

421 F.Supp. 20 (1976)

Walter J. FLECK et al., Plaintiffs, v. Warren SPANNAUS et al., Defendants.

United States District Court, D. Minnesota, Third Division.

August 5, 1976.

Attorney(s) appearing for the Case

John R. Kenefick, Briggs & Morgan, St. Paul, Minn., Maurice J. McCarthy, Ettelson, O'Hagan, Ehrlich & Frankel, Chicago, Ill., for plaintiffs.

Warren R. Spannaus, Atty. Gen., State of Minn., by James P. Gerlach and Richard S. Slowes, Sp. Asst. Attys. Gen., St. Paul, Minn., for defendants.

Curtis L. Roy, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., Frank C. Heath, Jones, Day, Reavis & Pogue, Cleveland, Ohio, amici curiae for White Motor Corp., and White Farm Equipment Co.

Before HEANEY, Circuit Judge, and DEVITT and ALSOP, District Judges.

MEMORANDUM ORDER

Plaintiffs have commenced the above-entitled action challenging the enforceability and constitutionality of the Minnesota Private Pension Benefits Protection Act, Minn. Stat. § 181B.01 et seq. (1974) (hereinafter the Pension Act). The relevant facts are set forth in Fleck et al. v. Spannaus et al., 412 F.Supp. 366 (D.Minn.1976), where the court, sitting as a single judge, denied certain aspects...

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