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TESSMAN SEED & CHEMICAL CO. v. STATE

No. C4-90-2125.

467 N.W.2d 625 (1991)

TESSMAN SEED & CHEMICAL CO., Rhone-Poulenc Ag Company, et al., Respondents, v. STATE of Minnesota; Hubert H. Humphrey, III, Attorney General, State of Minnesota; Department of Agriculture, State of Minnesota; and James Nichols, Commissioner, Department of Agriculture, State of Minnesota, Appellants.

Court of Appeals of Minnesota.

March 26, 1991.

Attorney(s) appearing for the Case

Sean E. Hade, Thomas M. Countryman, Jardine, Logan & O'Brien, St. Paul, for Tessman Seed & Chemical Co.

James B. Vessey, Gregory A. Fontaine, Steven M. Christenson, Dorsey & Whitney, Minneapolis, for Rhone-Poulenc Ag Co., et al.

Hubert H. Humphrey, III, Atty. Gen., Paul A. Strandberg, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., Hubert H. Humphrey, III, Atty. Gen., State of Minn., Dept. of Agriculture, State of Minn., and James Nichols, Commissioner, Dept. of Agriculture, State of Minn.

Considered and decided by PARKER, P.J., and HUSPENI and KLAPHAKE, JJ.

OPINION

HUSPENI, Judge.

In an action which respondents Rhone-Poulenc Ag Company, et al. brought for declaratory and injunctive relief, appellant State of Minnesota claims the trial court erred in granting summary judgment for respondents, dismissing appellant's counterclaims with prejudice and permanently enjoining appellant from seeking to recover penalties or remedies from respondents. We affirm.

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