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BASICH v. BOARD OF PENSIONS (ELCA)

Nos. C8-95-882, CX-95-883.

540 N.W.2d 82 (1995)

The Reverend Thomas L. BASICH, et al., Respondents, v. BOARD OF PENSIONS, EVANGELICAL LUTHERAN CHURCH IN AMERICA (ELCA), Appellant (C8-95-882), Defendant (CX-95-883), Evangelical Lutheran Church in America (ELCA), Defendant (C8-95-882), Appellant (CX-95-883).

Court of Appeals of Minnesota.

Review Denied January 25, 1996.

Attorney(s) appearing for the Case

Robert C. Bell, Peterson, Bell, Converse & Jensen, Lynn E. Basich, Roseville, for Respondents.

John D. French, Bonnie M. Fleming, Thomas H. Bennin, Brendan W. Randall, Faegre & Benson, Minneapolis, for Board of Pensions, Evangelical Lutheran Church in America (ELCA).

Robert H. Rydland, LeVander, Zotaley, Vander Linden & Rydland, Michael Stokes Paulsen, Minneapolis, for Evangelical Lutheran Church in America (ELCA).

Charles T. Nixon, Minneapolis, for Amici Curiae The Church of the Nazarene, et al.

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

OPINION

KALITOWSKI, Judge.

Respondents, several Lutheran pastors, a lay employee and a Lutheran congregation (Pastors), filed this individual action for breach of contract and breach of fiduciary duty against appellants, the Evangelical Lutheran Church of America (ELCA) and the Board of Pensions of the Evangelical Lutheran Church of America (Board of Pensions). The ELCA and the Board of Pensions moved for summary judgment on the grounds that the First Amendment...

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