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FRIENDS OF ANIMALS & THEIR ENVIR. v. NICHOLS

No. C9-84-40.

350 N.W.2d 489 (1984)

FRIENDS OF ANIMALS & THEIR ENVIRONMENT (FATE), Appellant, v. James NICHOLS as Commissioner of Agriculture, et al., Respondent.

Court of Appeals of Minnesota.

July 3, 1984.

Attorney(s) appearing for the Case

Brian B. O'Neill, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Sue Halverson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered, and decided by FOLEY, P.J., and SEDGWICK and RANDALL, JJ.

OPINION

SEDGWICK, Judge.

Friends of Animals & Their Environment (FATE) petitioned for a writ of mandamus to compel the Commissioner of Agriculture to promulgate rules defining "adequate facilities" as required by Minn.Stat. § 17.35 (1982) to obtain a license for fur farming.

Its claim was dismissed for failure to state a claim upon which relief can be granted and because FATE lacked standing. We affirm.

FACTS

FATE, a Minnesota...

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