Savchuk v. Randal Rush

Upon Rehearing

After a rehearing, the following opinion was filed on October 20, 1978.

*497Considered and decided by the court en banc.

Wahl, Justice

On remand from the United States Supreme Court for further consideration in light of Shaffer v. Heitner, 433 U. S. 186, 97 S. Ct. 2569, 53 L. ed. 2d 683 (1977). For the reasons below, we distinguish Shaffer v. Heitner, supra, and hold that the assertion of jurisdiction pursuant to Minn. St. 571.41, subd. 2, as limited by our earlier decision in Savehuk v. Rush, 311 Minn. 480, 245 N. W. 2d 624 (1976), vacated and remanded, 433 U. S. 902, 97 S. Ct. 2964,…