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PIKE v. GUNYOU

No. C2-92-734.

488 N.W.2d 298 (1992)

Earl A. PIKE, et al., Appellants, v. John GUNYOU, Commissioner of Finance of the State of Minnesota, et al., and Northwest Airlines, Inc., intervening defendant, Respondents.

Court of Appeals of Minnesota.

Review Granted August 31, 1992.

Opinion Vacated November 13, 1992.

Attorney(s) appearing for the Case

David R. Knodell, Minneapolis, for Earl A. Pike, et al.

Hubert H. Humphrey, III, Atty. Gen., Mark B. Levinger, Christie B. Eller, Asst. Attys. Gen., St. Paul, for John Gunyou, Com'r of Finance of the State of Minn., et al.

Donald W. Selzer, Jr., Oppenheimer, Wolff & Donnelly, St. Paul, (for respondent Metropolitan Airports Comm.).

Thomas Tinkham, Warren R. Spannaus, Leslie J. Anderson, Dorsey & Whitney, Minneapolis, for Northwest Airlines, Inc.

Considered and decided by WOZNIAK, C.J., and CRIPPEN and DAVIES, JJ.

OPINION

WOZNIAK, Chief Judge.

This appeal was taken from the dismissal of appellants' lawsuit for failure to post a $30 million surety bond pursuant to Minn. Stat. § 562.02 (1990). Appellants argue the statute does not apply to their constitutional challenge to the validity of 1991 Minn. Laws ch. 350. In the alternative, appellants argue that the trial court abused its discretion by requiring a bond and in...

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