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AFSCME COUNCILS 6, 14, 65 AND 96 v. SUNDQUIST

Nos. C1-83-152, C8-83-164, C1-83-166, C3-83-167 and C5-83-168.

338 N.W.2d 560 (1983)

AFSCME COUNCILS 6, 14, 65 AND 96, AFL-CIO, Plaintiffs-Appellants, v. Barbara L. SUNDQUIST, Commissioner of Employee Relations; Allen Rudell, Commissioner of Finance; and the State of Minnesota, Defendants-Respondents, and The Minneapolis Police Relief Association; the Minneapolis Fire Department Relief Association; the Minnesota Federation of Teachers, AFL-CIO; the Minnesota Police and Peace Officers Association; the Minneapolis Employees Retirement Board; Minnesota Professional Firefighters Association, AFL-CIO; Duluth Police Pension Association; Duluth Police Union, AFL-CIO; Police Officers Federation of Minneapolis; Minnesota Firefighters Joint Pension Council; Minneapolis Retired Police Association; Rochester Police Relief Association; Minnesota Police Pension Council; Minnesota Education Association; Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320; St. Paul Police and Firefighters Relief Associations, Minnesota Association of Professional Employees, Intervenors-Appellants, and International Union of Operating Engineers, Local 49, Amicus Curiae.

Supreme Court of Minnesota.

Rehearing Denied November 22, 1983.

Attorney(s) appearing for the Case

Gregg Corwin, Russell J. LaCourse, St. Louis Park, for AFSCME.

Roger A. Peterson, Minneapolis, for Mpls. Police Relief Ass'n, et al.

Eric R. Miller and John Tunheim, St. Paul, for Minn. Educ. Ass'n.

Jeffrey W. Jacobs, Minneapolis, for Minn. Teamsters Public and Law Enforcement Employees Union.

Joseph T. O'Neill, O'Neill, Burke & O'Neill, St. Paul, for St. Paul Police Relief Ass'n.

Gregg Corwin, St. Louis Park, for Minn. Ass'n. of Professional Employees.

Hubert H. Humphrey, III, Atty. Gen., Richard Allyn, Chief Deputy Atty. Gen., Peter M. Ackerberg, Asst. Atty. Gen., St. Paul, for Sundquist, et al.

Bruce A. Finzen, St. Paul, for amicus Intern. Union of Operating Engineers.

Julia Penny Clark, Robert H. Chanin, Bredhoff & Kaiser, Washington D.C., for amicus Nat. Educ. Ass'n.

Heard, considered and decided by the court en banc.

AMDAHL, Chief Justice.

This litigation challenges the validity of legislation passed by the Minnesota Legislature on December 10, 1982, and signed into law by Governor Albert H. Quie on December 13, 1982. Act of December 10, 1982, 3rd Spec.Sess. ch. 1, 1982 Minn.Sess. Law Serv. 1819 (the "Act"). On that same day, various parties, representing public employees affected by the terms of the Act, petitioned this court for a writ of quo warranto in an effort to prevent...

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