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IN RE HAGGERTY

No. C0-89-821.

448 N.W.2d 363 (1989)

In re Mark Eugene HAGGERTY and Linda Jean Haggerty, Debtors.

Supreme Court of Minnesota.

December 1, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Scott R. Strand, Asst. Atty. Gen., St. Paul, for appellant.

Edward W. Bergquist, Minneapolis, for respondent.

William J. Coughlin, Minneapolis, for debtors.

Heard, considered, and decided by the court en banc.

POPOVICH, Chief Justice.

The debtors filed a Chapter 7 bankruptcy petition and claimed their homestead as exempt from creditors pursuant to Minn. Stat. §§ 510.01-510.02 (1988). The bankruptcy trustee objected, contending the Minnesota homestead exemption is unconstitutional under Minn. Const. art. 1, § 12, and In re Tveten, 402 N.W.2d 551 (Minn. 1987), because it has only area limits but no value or dollar...

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