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AUTIO v. STATE OF MINNESOTA

Civil No. 3-96-383.

968 F.Supp. 1366 (1997)

Jock Orville AUTIO, Plaintiff, v. STATE OF MINNESOTA and AFSCME Local 3139, Defendants.

United States District Court, D. Minnesota, Third Division.

July 2, 1997.

Attorney(s) appearing for the Case

Steven E. Rau, Rau & Floyd, Minneapolis, MN, for Jock Orville Autio.

Robert Michael Small, U.S. Atty. Office, Minneapolis, MN, Joan A. Magagna, John L. Wodatch, Jeanine M. Warden, Washington, DC, for U.S.

Gregg M. Corwin, Karin E. Peterson, Corwin Law Office, St. Louis Park, MN, for AFSCME, Local 3139.

Steve W. Gunn, Melissa L. Wright, Minn. Atty. Gen., St. Paul, MN, for State of Minnesota.

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon Defendant State of Minnesota's Motion to Dismiss pursuant to Rule 12(b)(6) and Rule 12(b)(1) of the Federal Rules of Civil Procedure. For the reasons stated below, the Court denies Defendant's motion.

BACKGROUND

In October 1984, Plaintiff Jock Orville Autio ("Autio") began his employment with Defendant State of Minnesota (the "State") as a store clerk at the...

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