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STATE EX REL. GRAHAM v. KLUMPP

Nos. C4-94-1016, C1-94-2253 and C3-94-2254.

536 N.W.2d 613 (1995)

STATE of Minnesota, ex. rel. John Remington GRAHAM, Respondent, v. William F. KLUMPP, Jr., Appellant, and State of Minnesota, Appellant, Todd Michael Davis, Anthony Carl Eklund, Respondents.

Supreme Court of Minnesota.

August 25, 1995.

Attorney(s) appearing for the Case

Catharine F. Haukedahl, Sol. Gen., St. Paul, and William F. Klumpp, Jr., Asst. Atty. Gen., St. Paul, for appellant.

Donald F. Ryan, Crow Wing County Atty., Brainerd, for John Remington Graham, C4-94-1016.

Howard I. Bass, Minneapolis, for Todd Michael Davis, C1-94-2253.

Donald George Kirchner, Brainerd, for Anthony Carl Eklund, C3-94-2254.

Heard, considered and decided by the court en banc.

OPINION

TOMLJANOVICH, Justice.

This case arises from three interrelated claims that were filed in response to the Governor of Minnesota's request pursuant to Minn.Stat. § 8.01 (1992) for the attorney general to prosecute Anthony Eklund and Todd Davis for alleged criminal sexual conduct and the Crow Wing County District Court's simultaneous appointment pursuant to Minn.Stat. § 388.12 (1992) of the attorney general to prosecute Eklund and Davis....

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