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WHITE MOTOR CORP. v. MALONE

No. 78-1893.

599 F.2d 283 (1979)

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

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Richard B. Allyn, Sol. Gen., St. Paul, Minn. (argued), Warren R. Spannaus, Atty. Gen., Kent G. Harbison and Richard A. Lockridge, Sp. Asst. Attys. Gen., St. Paul, Minn., on brief, for appellant.

Frank C. Heath of Jones, Day, Reavis & Pogue, Cleveland, Ohio (argued), John L. Strauch, James A. Rydzel, Cleveland, Ohio, and Curtis L. Roy and Peter S. Hendrixson of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., on brief, for appellees.

Ellen B. Kaplan, Gail L. Perlman and Anne M. Cohen, Law Student, of Kaplan & Perlman, Springfield, Mass., on brief, for amicus curiae, Greater Springfield Gray Panthers Corp.

Before BRIGHT, HENLEY and McMILLIAN, Circuit Judges.

HENLEY, Circuit Judge.

The defendant, E. I. Malone, Commissioner of Labor and Industry for the State of Minnesota, appeals from a summary judgment entered by the United States District Court for the District of Minnesota (The Honorable Donald D. Alsop, District Judge) holding that the Minnesota Private Pension Benefits Protection Act (hereinafter generally called the Act), 1974 Minn. Laws, c. 437, Minn.Stat.Ann. §§ 181B.01-.17, is unconstitutional, at least...

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