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MINNESOTA-DAKOTAS RETAIL HARDWARE ASS'N v. STATE

No. 47900.

279 N.W.2d 360 (1979)

MINNESOTA-DAKOTAS RETAIL HARDWARE ASSOCIATION, et al., Respondents, and Sibley Company, Intervenor, Respondent, Modern Merchandising, Inc., et al., Intervenor, Respondents, Minnesota Food Retailers Association, Intervenor, Respondent, v. The STATE of Minnesota, et al., Appellants, and Minnesota Automobile Dealers Association, Intervenor, Respondent.

Supreme Court of Minnesota.

May 11, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Stephen F. Befort, Peder B. Hong, Sp. Asst. Attys. Gen., St. Paul, for appellants.

Harstad & Rainbow, John R. Stoller and C. Blaine Harstad, Minneapolis, for Minnesota-Dakotas Retail Hardware Assn. et al.

Oppenheimer, Wolff, Foster, Shepard & Donnelly and William P. Studer, St. Paul, for The Sibley Co.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Michael E. Bress, and Peter S. Hendrixson, Minneapolis, for Modern Merchandising, Inc., et al.

LeVander, Gillen, Miller & Magnuson and Arthur F. Gillen, South St. Paul, for Minnesota Food Retailers Assn.

William Flynn, Minneapolis, for Minnesota Automobile Dealers Assn.

Heard before SCOTT, WAHL, and IRVINE, JJ., and considered and decided by the court en banc.

WAHL, Justice.

The State of Minnesota and the Director of the Consumer Services Section of the Department of Commerce (hereinafter, collectively, "Consumer Services") appeal from the judgment in the Ramsey County District Court invalidating Minn.Regs. CS 20-34.1 Although we agree with the trial court's determination that Consumer Services was not delegated the power to make legislative rules, we must reverse the order invalidating the...

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