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DWIRE v. STATE

Nos. C4-85-1297, CX-85-1420 and C3-85-1422.

381 N.W.2d 871 (1986)

James Allen DWIRE, petitioner, Appellant (C4-85-1297), Fred Hendrickson, petitioner, Appellant (CX-85-1420), Lowell David Kramer, petitioner, Appellant (C3-85-1422), v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied April 11, 1986.

Attorney(s) appearing for the Case

Peter Thompson, John W. Lundquist, Minneapolis, for James Allen Dwire.

Paul W. Rogosheske, South St. Paul, for Fred Hendrickson.

John L. Holahan, Jr., Edina, for Lowell David Kramer.

Hubert H. Humphrey, III, Atty. Gen., Peter Kasal, McLeod Co. Atty., Glencoe, for the State.

Heard, considered and decided by WOZNIAK, P.J., and FORSBERG and NIERENGARTEN, JJ.

OPINION

WOZNIAK, Judge.

This is a consolidated appeal involving grand jury indictments brought against James Dwire, Fred Hendrickson and L.D. Kramer for multiple counts of theft, Minn. Stat. § 609.52 (1984), and diversion of corporate property, Minn.Stat. § 300.60 (1984). The trial court refused to dismiss the indictments. We granted discretionary review and reverse, dismissing the indictments...

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