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MIDWEST MOTOR EXP. v. IBT, LOCAL 120

No. C6-92-1126.

512 N.W.2d 881 (1994)

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

Supreme Court of Minnesota.

March 11, 1994.

Attorney(s) appearing for the Case

Robert S. Halagan, Alec J. Beck, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, for appellant.

Stephen D. Gordon, Kathryn M. Engdahl, Gordon, Miller, O'Brien, Minneapolis, for International Broth. of Teamsters.

Hubert H. Humphrey, III, Atty. Gen., Scott R. Strand, Michael J. Vanselow, St. Paul, for State of Mn.

Roger A. Peterson, Scott A. Higbee, Peterson, Engberg, & Peterson, Minneapolis, amicus curiae for MN Fed. of Amerc. Federation of Labor-Congress of Industrial Organizations.

Clark Calvin Griffith, II, Minneapolis, amicus curiae for Labor Policy Assoc.

Bradley S. Ervin, St. Paul, amicus curiae for MN Chamber of Commerce.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

This appeal arises out of a strike which commenced on August 12, 1991 at the Roseville shipping facility of Midwest Motor Express, Inc. On August 16, 1991, four days after the beginning of the strike, Midwest secured an order temporarily restraining certain activities of the strikers. After the parties had entered into a stipulation for a limited injunction, Midwest instituted a declaratory action requesting a judgment declaring that Minn.Stat. §...

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