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STATE BANK OF BOYD v. HATCH

No. C8-85-2078.

384 N.W.2d 550 (1986)

STATE BANK OF BOYD, et al., Appellants, v. Michael A. HATCH, Commissioner of Commerce for the State of Minnesota, Federal Deposit Insurance Corporation, as Court-Appointed Receiver for the State Bank of Boyd, Respondents.

Court of Appeals of Minnesota.

April 8, 1986.

Attorney(s) appearing for the Case

Wendy Alison Nora, Minneapolis, for appellants.

Hubert H. Humphrey, III, Atty. Gen., Gregory P. Huwe, Sp. Asst. Atty. Gen., St. Paul, for Michael A. Hatch.

Brian E. Palmer, Kim A. Anderson, Dorsey & Whitney, Minneapolis, for Federal Deposit Ins. Corp.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and LESLIE, JJ.

OPINION

POPOVICH, Chief Judge.

This appeal is from an order denying appellants' petition for an alternative writ of mandamus. Appellants claim the trial court (1) erred in entertaining respondents' arguments prior to issuance of the alternative writ, (2) abused its discretion in denying the petition, and (3) cannot use its discretion to refuse mandamus because appellants seek only to enforce rights clearly conferred by statute. We affirm.

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