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HIAWATHA AVIATION v. MINN. DEPT. OF HEALTH

No. C3-85-481.

375 N.W.2d 496 (1985)

HIAWATHA AVIATION OF ROCHESTER, INC., Relator, v. MINNESOTA DEPARTMENT OF HEALTH, Respondent.

Court of Appeals of Minnesota.

Review Granted December 19, 1985.

Attorney(s) appearing for the Case

Donald C. Willeke, Minneapolis, for relator.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Audrey Kaiser Manka, Sp. Asst. Atty. Gen., Minneapolis, for respondent.

Heard, considered and decided by FORSBERG, P.J., and PARKER and FOLEY, JJ.

OPINION

PARKER, Judge.

Hiawatha Aviation appeals a decision by the Commissioner of the Department of Health denying its application for a license to operate a scheduled (non-emergency) air ambulance service. Hiawatha contends that the Commissioner's decision is arbitrary and capricious, not supported by substantial evidence, based on facts not in evidence and affected by errors of law. Hiawatha also contends that the Federal Aviation Act preempts the State...

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