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GRUSSING v. KVAM IMPLEMENT CO.

No. C0-91-947.

478 N.W.2d 200 (1991)

Sharon GRUSSING, as trustee for the heirs and next-of-kin of Richard Grussing, deceased, Plaintiff, v. KVAM IMPLEMENT COMPANY, Defendant. ALLIED PRODUCTS CORPORATION, Defendant and Third-Party Plaintiff, Respondent, v. JENNIE-O FOODS, INC. (and its division Earl B. Olson Farms), Third Party Defendant, State of Minnesota, Department of Labor and Industry, Appellant.

Court of Appeals of Minnesota.

December 3, 1991.

Attorney(s) appearing for the Case

Mark M. Stageberg, Kay N. Hunt, Lommen, Nelson, Cole & Stageberg, Minneapolis, Michael M. Erhardt, Wilcox, Erhardt & Spates, Benson, for Plaintiff Grussing.

Raymond R. Waechter, Gustafson & Waechter, Willmar, for defendant Kvam Implement Co.

Richard D. Allen, Richard D. Allen, Ltd., Minneapolis, for defendant Allied Products Corp.

Larry A. Hanson, Moore, Costello & Hart, St. Paul, for third party defendant Jennie-O Foods, Inc.

Hubert H. Humphrey, III, Atty. Gen., Scott R. Strand, Asst. Atty. Gen., St. Paul, for appellant State Dept. of Labor and Industry.

Considered and decided by KALITOWSKI, P.J., and FORSBERG and SCHUMACHER, JJ.

OPINION

FORSBERG, Judge.

The state appeals from an order of the district court denying a motion to quash a subpoena of a Minnesota OSHA investigator for appearance at deposition and trial. The district court found the statute providing investigators a privilege from subpoena was unconstitutional under the due process and separation of powers provisions of the Minnesota and U.S. Constitutions. We reverse.

FACTS

Richard Grussing was killed...

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