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JANKLOW v. BD. OF EXAM. FOR NURS. HOME

No. C6-95-816.

536 N.W.2d 20 (1995)

Fredric V. JANKLOW, Respondent, v. MINNESOTA BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, and Michael Gibson, in his official capacity as Chairman of the Minnesota Board of Examiners for Nursing Home Administrators, Appellants.

Court of Appeals of Minnesota.

Review Granted October 27, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Steven M. Gunn, Asst. Atty. Gen., St. Paul, for appellants.

Michael J. Tostengard, Briggs & Morgan, Minneapolis, for respondent.

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

OPINION

PARKER, Judge.

Respondent Janklow sued his former employer for dismissing him in violation of the Whistleblower Act. Appellant board replied that Janklow failed to make a prima facie case and that the board, a government entity, was immune from suit. The district court denied the board's summary judgment motion. We affirm.

FACTS

The Minnesota Board of Examiners for Nursing Home Administrators ("BENHA") is a state regulatory board...

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