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STATE EX REL. HENNEPIN COUNTY WELFARE BD. v. FITZSIMMONS

No. 35,949.

239 Minn. 407 (1953)

STATE EX REL. HENNEPIN COUNTY WELFARE BOARD AND ANOTHER v. ROBERT F. FITZSIMMONS. LOCAL 34, HENNEPIN COUNTY WELFARE BOARD EMPLOYEES OF AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, A.F.L., AND OTHERS, INTERVENERS. F.W. NICHOLS, DIRECTOR OF SOCIAL WELFARE, INTERVENER.

Supreme Court of Minnesota.

June 5, 1953.

Attorney(s) appearing for the Case

Lee Loevinger, Special Assistant County Attorney, for appellants.

Frank J. Williams, Assistant County Attorney, for respondent Robert F. Fitzsimmons.

J.A.A. Burnquist, Attorney General, George B. Sjoselius, Deputy Attorney General, and Lowell J. Grady, Assistant Attorney General, for respondent F.W. Nichols.

Thomas O. Kachelmacher, for respondents Local 34 and others.

DELL, JUSTICE.

This is an appeal from a judgment entered on August 16, 1952, quashing an alternative writ of mandamus issued on January 18, 1952, and dismissing the proceeding.

On August 14, 1935, Congress enacted the federal Social Security Act. It provided for the administration of the program by agencies established or to be established by the several states but with the general supervision of the program in the federal government. The Social Security Board...

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