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STATE v. TOKHEIM

No. C2-99-1776.

611 N.W.2d 375 (2000)

STATE of Minnesota, Eugene W. Pollard, Francisco Rodriquez, Respondents, v. Kathleen TOKHEIM, intervenor, Appellant.

Court of Appeals of Minnesota.

June 13, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, P. Kenneth Kohnstamm, Assistant Attorney General, St. Paul, for respondent State of Minnesota.

Eugene W. Pollard, Waseca, respondent pro se.

Francisco Rodriquez, Alexandria, respondent pro se.

Albert T. Goins, Ward, Goins, Ward & Wood, P.A., St. Paul, and Manly A. Zimmerman, Zimmerman & Bix, Ltd., Minneapolis, for appellant.

Considered and decided by SHUMAKER, Presiding Judge, CRIPPEN, Judge, and KLAPHAKE, Judge.

OPINION

SHUMAKER, Judge

Two Minnesota state troopers were sued and they asked the commissioner of public safety to indemnify and defend them. After reviewing written submissions of outside counsel, the commissioner refused to indemnify the troopers, finding that they were acting outside the scope of their employment.

The state filed a separate declaratory judgment, seeking a declaration that it need not indemnify the troopers. The district court...

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