MN. FEDERATION OF TEACHERS v. MAMMENGA

No. C0-91-2357.

485 N.W.2d 305 (1992)

MINNESOTA FEDERATION OF TEACHERS, et al., Appellants, v. Gene MAMMENGA, Commissioner of Education, et al., Augsburg College, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied June 30, 1992.


Attorney(s) appearing for the Case

Roger A. Peterson, Ronald G. Marks, Hubert G. Leon, Peterson, Engberg & Peterson, Minneapolis, for Minnesota Federation of Teachers, et al.

Hubert H. Humphrey, III, Atty. Gen., Cindy L. Lavorato, Sp. Asst. Atty. Gen., St. Paul, for Gene Mammenga, Com'r of Educ., et al.

James P. McCarthy, Lindquist & Vennum, Minneapolis, for Augsburg College, et al.

Considered and decided by DAVIES, P.J., and KLAPHAKE and STONE, JJ.


OPINION

DAVIES, Judge.

Appellants challenge the constitutionality, under Minn.Const. art. 1, § 16, and art. 13, § 2, the establishment of religion clauses, of the Post-Secondary Enrollment Options Act (PSEOA). Appellants challenge a grant of summary judgment. We affirm as to all respondents except Bethel College.

FACTS

In 1985, appellants began an action in federal court alleging that Minn.Stat. § 123.3514 (1990), the PSEOA...

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