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STATE OF MINNESOTA IN COURT OF APPEALS A09-1061 Irwin I. Thompson, Relator, vs. Commissioner of Health, Respondent. Filed February 23, 2010 Reversed and remanded Schellhas, Judge Minnesota Department of Health Agency File No. 21919415 Jonathan Geffen, Arneson & Geffen PLLC, Minneapolis, Minnesota (for relator) Lori Swanson, Attorney General, Audrey Kaiser Manka, Assistant Attorney General, St. Paul, Minnesota (for respondent) Considered and decided by Larkin, Presiding Judge; Minge, Judge; and Schellhas, Judge. SYLLABUS An individual disqualified from a position based on a preponderance of the evidence that the individual committed a disqualifying act under Minn. Stat.

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