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MIDWEST MOTOR EXP. v. LOCAL 120

No. C6-92-1126.

494 N.W.2d 895 (1993)

MIDWEST MOTOR EXPRESS, INC., Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-HOUSEMEN AND HELPERS OF AMERICA, LOCAL 120, and State of Minnesota, by its Attorney General, Hubert H. Humphrey, III, intervenor, Respondents.

Court of Appeals of Minnesota.

Review Granted March 16, 1993.

Attorney(s) appearing for the Case

Robert S. Halagan, Alec J. Beck, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, for Midwest Motor Express, Inc.,

Stephen D. Gordon, Kathryn M. Engdahl, Gordon-Miller-O'Brien, Minneapolis, for International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 120.

Hubert H. Humphrey, III, Atty. Gen., Scott R. Strand, Asst. Atty. Gen., Michael J. Vanselow, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., by its Attorney General, Hubert H. Humphrey III, intervenor.

Roger A. Peterson, Scott A. Higbee, Peterson, Engberg & Peterson, Minneapolis, for amicus curiae Minnesota AFL-CIO.

Clark C. Griffith, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for amicus curiae Labor Policy Assn.

Brad S. Ervin, St. Paul, for amicus curiae Minnesota Chamber of Commerce.

Considered and decided by HUSPENI, P.J., and SCHUMACHER and AMUNDSON, JJ.

OPINION

AMUNDSON, Judge.

This appeal arises from the trial court's order granting summary judgment in favor of respondent and intervenor in a declaratory judgment action on the ground that the Minnesota Striker Replacement Act, Minn.Stat. § 179.12(9) (Supp.1991) is constitutional under the Supremacy Clause of the United States Constitution. We affirm and remand.

FACTS

Appellant Midwest Motor Express (Midwest) is engaged in the business...

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