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WHITE MOTOR CORP. v. MALONE

No. 3-75 Civ. 162.

412 F.Supp. 372 (1976)

WHITE MOTOR CORPORATION and White Farm Equipment Company, Plaintiffs, v. E. I. MALONE, Commissioner of Labor and Industry for the State of Minnesota, Defendant.

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

March 19, 1976.

Attorney(s) appearing for the Case

Curtis L. Roy, and Peter Hendrixson, Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minn., together with Frank C. Heath, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for plaintiffs.

Warren Spannaus, Atty. Gen., State of Minnesota by James P. Gerlach, Richard S. Slowes, and Kathryn A. Rush, Sp. Asst. Attys. Gen., St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

ALSOP, District Judge.

This matter is presently before the court on motions by all parties. Plaintiffs are seeking a summary judgment, or in the alternative, a preliminary injunction on Count I of the Amended Complaint; defendant is requesting the court to abstain. Plaintiffs have brought this action challenging the constitutionality of the Minnesota Private Pension Benefits Protection Act, Minn.Stat. § 181B.01 et seq. (1974...

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