TRACY v. STREATER/LITTON INDUSTRIES

Nos. 49322, 49182 and 49555.

283 N.W.2d 909 (1979)

Patrick E. TRACY, Respondent, v. STREATER/LITTON INDUSTRIES, et al., Relators. George E. GEIER, Respondent, v. DOYLE CONNOR COMPANY, et al., and Lumberman's Mutual Insurance Co., Defendant. TRAVELERS INSURANCE COMPANY, intervenor, Respondent, Leonard Schuft, Respondent, v. FARMERS UNION COOP OIL ASSOCIATION, et al., Relators.

Supreme Court of Minnesota.

September 7, 1979.


Attorney(s) appearing for the Case

Van Eps & Gilmore and Curtis C. Gilmore, Minneapolis, for Streater/Litton Industries, et al.

Hansen, Dordell & Bradt and Gene P. Bradt, St. Paul, for Doyle Connor Company, et al.

Hansen, Dordell & Bradt and Gene P. Bradt, St. Paul, for Farmers Union Coop Oil Associates, et al. relators.

Leighton, Meany, Cotter & Enger and R. A. Cotter, Austin, for Tracy.

Joseph J. Grill, St. Paul, for Travelers Ins. Co.

Peterson & Goodman and Michael B. Goodman, Rochester, for Geier.

Roger L. Gilmer, Hutchinson, for Schuft.

Lommen & Cole and Thomas R. Jacobson, Minneapolis, for amicus curiae in No. 49322.

Abrams & Spector and John J. Horvei, Minneapolis, for amicus curiae in Nos. 49322 and 49182.

Lommen & Cole and Thomas R. Jacobson, Minneapolis, for amicus curiae in No. 49182.

Heard, considered and decided by the court en banc.


OTIS, Justice.

We granted certiorari to review decisions of the Workers' Compensation Court of Appeals in three cases challenging the constitutionality of Minn.St. 176.021, subd. 3, as amended by L.1974, c. 486, § 1. The cases were presented and argued together.

The common and important issue, not argued below, is whether the statute unconstitutionally interferes with employer-insurer due process rights by providing that permanent partial disability benefits...

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