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HIAWATHA AVIATION v. MINN. DEPT. OF HEALTH

No. C3-85-481.

389 N.W.2d 507 (1986)

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

Supreme Court of Minnesota.

July 11, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Audrey Kaiser Manke, Sp. Asst. Atty. Gen., Minneapolis, for relator.

Donald C. Willeke, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

COYNE, Justice.

Hiawatha Aviation of Rochester, Inc. appealed from the Commissioner of the Department of Health's denial of its application for a license to operate a scheduled air ambulance service. The court of appeals held that the state's licensing procedure was unlawful because of federal preemption. We agree and affirm.

On November 14, 1983, Hiawatha applied for a license to operate a life support transportation service, specifically an air ambulance...

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