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BROWN v. STATE

No. C6-00-587.

617 N.W.2d 421 (2000)

Jesse Lee BROWN and Ronald J. Bergeron on behalf of themselves and all others similarly situated, et al., Appellants, v. The STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied November 21, 2000.

Attorney(s) appearing for the Case

John A. Cochrane, Cochrane & Bresnahan, St. Paul, MN; and Hugh V. Plunkett, III, Robert K. Shelquist, Plunkett, Schwartz, Peterson, P.A., Minneapolis, MN; and Ronald I. Meshbesher, Anthony J. Nemo, Meshbesher & Spence, Ltd., Minneapolis, MN (for appellants).

Mike Hatch, Attorney General, Patricia A. Sonnenberg, Assistant Attorney General, St. Paul, MN; and Michael V. Ciresi, Roberta B. Walburn, Gary L. Wilson, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN (for respondent).

Considered and decided by RANDALL, Presiding Judge, HARTEN, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge

Appellants challenge the district court's granting of respondent's motion to dismiss their declaratory judgment class action for failure to state a claim. They also challenge the district court's imposition of sanctions in this case. Because the district court did not err in dismissing the action but did abuse its discretion in imposing sanctions, we affirm the dismissal and reverse the imposition of sanctions.

FACTS

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