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ST. PAUL AREA CHAMBER OF C. v. MARZITELLI

No. 46998.

258 N.W.2d 585 (1977)

ST. PAUL AREA CHAMBER OF COMMERCE, et al., Appellants, v. Frank J. MARZITELLI, as Commissioner of Highways for the State of Minnesota, Respondent, and RIP-35E Environmental Defense Fund, defendant in intervention, Respondent.

Supreme Court of Minnesota.

September 9, 1977.

Attorney(s) appearing for the Case

Ruttenberg, Orren, Griswold & Bernet, Kenneth P. Griswold and Royal C. Orren, St. Paul, for appellants.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Richard G. Mark, Asst. Atty. Gen., Christopher R. Kelley and Stephen F. Befort, Sp. Asst. Attys. Gen., St. Paul, for Marzitelli.

Dayton, Herman & Graham, Charles K. Dayton, and Philip W. Getts, Minneapolis, Minn., for RIP-35E.

Duane J. Crandell, Burnsville, for amicus curiae, The Minn. State Automobile Assn., seeking reversal.

Considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from a declaratory judgment. Plaintiffs commenced the action in Ramsey County District Court, seeking a declaration that L.1975, c. 203, is unconstitutional. The matter came before the district court on defendants' motions for a judgment on the pleadings or summary judgment. The district court granted summary judgment in favor of defendants, holding that the statute was constitutional and that the complaint failed to raise a

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