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STASNY v. DEPT. OF COMMERCE

No. CO-91-267.

474 N.W.2d 195 (1991)

George STASNY, BY Lorraine STASNY, General Guardian, Petitioner, v. MINNESOTA DEPARTMENT OF COMMERCE, Respondent.

Court of Appeals of Minnesota.

Review Dismissed October 11, 1991.

Attorney(s) appearing for the Case

Todd P. Young, St. Paul, for petitioner.

Hubert H. Humphrey, III, Atty. Gen., Carolyn Ham, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Laura J. Hanson, Charles E. Spevacek, Minneapolis, for amicus curiae Federated Mut. Ins. Co.

Considered and decided by PETERSON, P.J., and FOLEY, and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Petitioner challenges the validity of Minn.R. 2740.1600, subpt. 2.A. (1989), arguing that the Commerce Department exceeded its authority in promulgating the rule because the rule conflicts with the enabling legislation, the Minnesota Comprehensive Health Insurance Act of 1976, Minn.Stat. ch. 62E.

FACTS

In 1976, the Minnesota legislature enacted the Comprehensive Health...

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