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WESTERN AREA BUSINESS, ETC. v. DULUTH, ETC.

Nos. 82-958, 82-1059.

324 N.W.2d 361 (1982)

WESTERN AREA BUSINESS AND CIVIC CLUB, Gary-New Duluth Community Club, Riverside Community Club, William R. Benson, Morgan Park All School Reunion Committee, Western Community Council, Fond du Lac Community Club, Ray Morrison, Ray D. Rizzi, Mary E. Hedeen, Wayne Shinn, Caryl J. Turcott, Steve J. Balach, Carla Rose Skull, Stowe Elementary Parent-Teachers Association, Lyle Lund, Morgan Park Parent-Teachers-Student Association, Donald Patnaude, Charles B. Putnam, Morgan Park Community Club, Respondents, v. DULUTH SCHOOL BOARD INDEPENDENT DISTRICT NO. 709, Appellant (82-958)-Petitioner (82-1059).

Supreme Court of Minnesota.

September 24, 1982.

Attorney(s) appearing for the Case

Edgerton, Theobald, Abelsen & O'Brien, James N. Abelsen and Gerald A. Pommerville, Duluth, for appellant in No. 82-958.

Hanft, Fride, O'Brien & Harries, Edward T. Fride and Richard J. Leighton, Duluth, for petitioner in No. 82-1059.

Knetsch, Hunt, Bang & Arnold, Jerome G. Arnold and James J. Bang, Duluth, for respondents.

Peterson, Popovich, Knutson & Flynn, Peter S. Popovich and Susan J. Schoell, St. Paul, for Minnesota School Boards Ass'n.

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

PER CURIAM.

The Duluth School Board Independent District No. 709 (Board) appeals from an order and judgment of the St. Louis County District Court permanently restraining it from taking further action to close Morgan Park Senior High School or to implement Resolution No. G-12-81-375. The Board also alternatively petitions for a writ prohibiting enforcement of the district court's order and moves for summary reversal of the judgment.1 The...

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