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McCUTCHEON v. CITY OF ST. PAUL

No. 44240.

216 N.W.2d 137 (1974)

William W. McCUTCHEON, et al., Respondents, v. CITY OF ST. PAUL, Appellant.

Supreme Court of Minnesota.

March 8, 1974.

Attorney(s) appearing for the Case

Kenneth J. Fitzpatrick, City Atty., Pierre N. Regnier, Asst. City Atty., St. Paul, for appellant.

Briggs & Morgan, Frank Hammond and Richard H. Kyle, St. Paul, for respondents.

Heard by KNUTSON, C. J., and OTIS, PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court.

PETERSON, Justice.

Plaintiffs, William W. McCutcheon, Robert L. Pavlak, and Anthony L. Bennett, are police officers of the city of St. Paul, each employed in the classified civil service. Each is a member of the Minnesota Legislature, elected from the legislative district in which he resides in the County of Ramsey. The mayor of St. Paul, agreeing with the opinion of the St. Paul city attorney that service by a police officer in the state legislature is prohibited...

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