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ROCCO ALTOBELLI v. DEPT. OF COMMERCE

No. C3-94-1024.

524 N.W.2d 30 (1994)

ROCCO ALTOBELLI, INC., et al., Petitioners, v. STATE of Minnesota, DEPARTMENT OF COMMERCE, Respondent.

Court of Appeals of Minnesota.

November 22, 1994.

Attorney(s) appearing for the Case

Lawrence R. Commers, Michael R. Gray, Susan M. Swift, Tim A. Staum, Mackall, Crounse & Moore, Minneapolis, for petitioners.

Hubert H. Humphrey, III, Atty. Gen., John Garry, Asst. Atty. Gen., St. Paul, for respondent.

Timothy J. Shields, Shields Legal Services, P.A., Hopkins, amicus curiae, for Independent Cosmetologists and Barbers Assoc.

Considered and decided by HARTEN, P.J., and HUSPENI and DAVIES, JJ.

OPINION

HUSPENI, Judge.

Petitioners seek to invoke this court's original jurisdiction pursuant to Minn.Stat. §§ 14.44 and 14.45 (1992) to challenge the validity of Minnesota Rule 2642.0400, subp. 6 (1986) as promulgated by the Minnesota Department of Commerce. Petitioners claim that the rule is invalid because (1) it exceeds the scope of the enabling statute, and (2) it violates the equal protection clauses of the state and federal constitutions...

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