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DORN v. PETERSON

No. C8-93-1431.

512 N.W.2d 902 (1994)

Willard T. DORN, et al., Appellants, v. John PETERSON, Individually and in his Capacity as an Employee of H & C Electric Supply Company, et al., Respondents.

Court of Appeals of Minnesota.

March 8, 1994.

Attorney(s) appearing for the Case

Michael D. Schwartz, David E. Wandling, Michael D. Schwartz, P.A., Minneapolis, for appellants.

Bailey W. Blethen, Blethen, Gage & Krause, Mankato, for respondents.

Considered and decided by NORTON, P.J., and LANSING and FORSBERG, JJ.

OPINION

LANSING, Judge.

This appeal raises the question of whether the Minnesota Human Rights Act protects employees seventy years of age and older against discharge based on age. We hold that Minn.Stat. § 363.03, subd. 1(2)(b) (1990) prohibits discharge based on age with no upper age limit, but Minn.Stat. § 363.02, subd. 6 (1990) allows an exemption for a mandatory retirement age to be established by law or by an employer's published retirement...

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