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HOWE v. CITY OF ST. CLOUD

No. C3-93-1949.

515 N.W.2d 77 (1994)

Jeff HOWE, et al., Appellants, v. CITY OF ST. CLOUD, Respondent.

Court of Appeals of Minnesota.

April 19, 1994.

Attorney(s) appearing for the Case

Marshall H. Tanick, Teresa Ayling, Mansfield & Tanick, P.A., Minneapolis, for appellant.

Gary N. Gustafson, Asst. St. Cloud City Atty., St. Cloud, for respondent.

Roger A. Peterson, Mark Young, Peterson, Engberg & Peterson, Minneapolis, for amicus curiae MN Professional Fire Fighters.

Carla Heyl, League of MN Cities, Shoreview, for amicus curiae League of MN Cities.

Considered and decided by KLAPHAKE, P.J., and LANSING and SHORT, JJ.

OPINION

KLAPHAKE, Judge.

Appellants Jeff and Jim Howe sued the City of St. Cloud for wages they lost because they took military leave. The Howes argue that the district court erred in granting summary judgment for St. Cloud on their wage claims because the military leave act requires that they not lose pay because of their military service. Minn.Stat. § 192.26 (1990). We reverse and remand to allow the district court to calculate the wages owed to the...

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