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STATE OF GA. EX REL. BROOKS v. BRASWELL

No. C4-90-570.

460 N.W.2d 344 (1990)

In re the Matter of STATE OF GEORGIA, ex rel., Mary A. BROOKS, Petitioner, Respondent, v. Kenneth BRASWELL, Appellant.

Court of Appeals of Minnesota.

Review Granted November 7, 1990.

Attorney(s) appearing for the Case

Nancy L. Ponto, St. Paul, for appellant.

Tom Foley, Ramsey County Atty., Brad A. Johnson, Asst. Ramsey County Atty., St. Paul, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Myron Willard Orfield, Jr., Sp. Asst. Atty. Gen., St. Paul, for amicus curiae.

Considered and decided by NORTON, P.J., and GARDEBRING and KLAPHAKE, JJ.

OPINION

GARDEBRING, Judge.

Appellant challenges the trial court's holding that Minn.Stat. § 257.57, subd. 1(b) (Supp.1989) violates the constitutional guarantees of equal protection under the federal constitution and the prohibition against special legislation in the Minnesota Constitution. We reverse and remand.

FACTS

Appellant Kenneth Braswell and respondent Mary Brooks were married in Albany, Georgia, in October 1975. They moved...

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