Zuger v. State
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| 20030170 |
William P. Zuger, Plaintiff and Appellant
v.
State of North Dakota, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
10/2003 Argument: 10/22/2003 10:45am
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| ND cite: |
2004 ND 16
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| NW cite: |
673 N.W.2d 615
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. The state merit selection law, NDCC chapter 54.44.3, and the
administrative regulations promulgated to enforce it are binding
on the State and a clear breach of its provisions is a wrong for
which the state=s tort claim statute, NDCC chapter 32-12.2,
provides a remedy, as alleged by the Complaint.
2. The state merit selection law also creates a sufficient property
interest in those it protects from discrimination to permit an
action against the State under the 14th amendment of the
United States Constitution, as alleged by the Complaint.
3. The Complaint also alleges a cause of action for the tort of
outrage, for which action may be brought by virtue of the state=s
tort claim act, NDCC chapter 32-12.2.
Appellee's Statement of the Issues:
I. Whether in opposition to Defendant's motion for summary judgment, Plaintiff properly presented the trial court with competent admissible evidence, which raised genuine issues of material fact.
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| 1 | | 06/12/2003 | |
NOTICE OF APPEAL: 06/10/2003 |
| 2 | | 07/14/2003 | |
APPELLANT BRIEF |
| 3 | | 07/14/2003 | |
APPELLANT APPENDIX |
| 4 | | 07/14/2003 | |
DISK - atb |
| 5 | | 07/21/2003 | |
RECORD ON APPEAL.Not recd:#38,39,40,41,42,&43--Depositions,which clerk indicates will be sent later |
| 6 | | 07/29/2003 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED JULY 28, 2003 (entries 38-43 and 64-67 & Disk of Depos) |
| 7 | | 07/29/2003 | |
Not rec'd were entry #63 (ltr from Supreme Ct.) and Kim Wassim Depo. Exh.22, part of entry 39 |
| 8 | | 08/06/2003 | |
APPELLEE BRIEF |
| 9 | | 08/06/2003 | |
APPELLEE APPENDIX |
| 10 | | 08/06/2003 | |
DISK - AEB (e-mailed) |
| 11 | | 08/07/2003 | |
Letter dated 8-7-03 (fax) from William Zuger stating he will not file any further brief |
| 12 | | 08/15/2003 | |
2nd Supplemental Clerk's Certificate dated 8-14-03 (Entry Nos. 68-74) |
| 13 | | 08/18/2003 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 14 | | 09/24/2003 | |
SITTING WITH THE COURT: Rothe-Seeger, Cynthia |
| 15 | | 10/02/2003 | |
Request for Media Coverage (AP) e-mail dated 10-02-03 from Dale Wetzel (APPROVED)
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| 16 | | 10/16/2003 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 17 | | 10/16/2003 | |
SITTING WITH THE COURT: Hodny, William F. |
| 18 | | 10/22/2003 | |
APPEARANCES: William P. Zuger; Tag C. Anderson |
| 19 | | 10/22/2003 | |
ARGUED: Zuger; Anderson (Vol. Y; Page 159) |
| 20 | | 10/22/2003 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 01/20/2004 | |
DISPOSITION: AFFIRMED |
| 22 | | 01/20/2004 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 23 | | 01/20/2004 | |
Costs on appeal taxed in favor of appellee |
| 24 | | 01/20/2004 | |
Judgment Mailed to Parties |
| 25 | | 02/11/2004 | |
MANDATE |