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STATE v. NISKA

No. C4-92-1478.

499 N.W.2d 820 (1993)

STATE of Minnesota, Appellant, v. Charlotte NISKA and Harvey Jacob Niska, Respondents.

Court of Appeals of Minnesota.

Review Granted June 22, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty. and Michael Richardson, Asst. County Atty., Minneapolis, for appellant.

William R. Kennedy, Hennepin County Public Defender, and Renee Bergeron and Peter W. Gorman, Asst. Public Defenders, Minneapolis, for respondents.

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

OPINION

PETERSON, Judge.

The State of Minnesota appeals from a pretrial order dismissing charges of deprivation of parental rights, kidnapping, and false imprisonment for lack of probable cause. Both parties challenge the trial court's construction of a statutory defense to deprivation of parental rights. We affirm in part, reverse in part and remand for further proceedings.

FACTS

Respondents Harvey and Charlotte Niska are the parents of...

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