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BIRD v. STATE, DEPT. OF PUBLIC SAFETY

No. C5-85-756.

375 N.W.2d 36 (1985)

Irving BIRD, et al., Appellants, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, etc., et al., Respondents.

Court of Appeals of Minnesota.

October 8, 1985.

Attorney(s) appearing for the Case

John D. Undem, International Falls, for appellants.

Hubert H. Humphrey, III, State Atty. Gen., Linda F. Close, Deputy Atty. Gen., St. Paul, for respondents.

Considered and decided by POPOVICH, C.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

This is an appeal from a summary judgment determining that the cancellation of appellants' used automobile dealer's license without notice and a hearing was a discretionary act, and that the respondents were therefore immune from suit pursuant to the Tort Claims Act, Minn.Stat. § 3.736 (1984). We affirm in part, reverse in part and remand for trial.

FACTS

Appellants Frances and Irving Bird reside in International...

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