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STATE v. ALEXANDER

Nos. 48598, 48599.

281 N.W.2d 349 (1979)

STATE of Minnesota, Appellant, v. Ferris ALEXANDER, Respondent. STATE of Minnesota, Appellant, v. Edward ALEXANDER, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 19, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, David W. Larson and Lee W. Barry, Asst. County Attys., Minneapolis, for appellant.

Randall D. B. Tigue, Minneapolis, for Ferris Alexander.

Freeman, Gill, Anderson, Eagan & Keating and Kermit A. Gill, Minneapolis, for Edward Alexander.

Owen Gleason, Patsy Reinard, Legal Counsel, Minneapolis, for Minnesota Civil Liberties Union, amicus curiae.

Robert J. Alfton, City Atty., and Larry L. Warren, Asst. City Atty., Minneapolis, for City of Minneapolis, amicus curiae.

Heard, considered, and decided by the court en banc.

OPINION

YETKA, Justice.

Appeal by the state from an order of a three-judge district court, Hennepin County, dated January 24, 1978, reversing a judgment of conviction for contempt of court against defendant Ferris Alexander and affirming a pretrial order dismissing a contempt charge against defendant Edward Alexander. This court granted permission to appeal on March 23, 1978. We affirm in part and reverse in part and remand to the municipal court.

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