Azure v. Belcourt Public School Dist.

20030338 Agnes Azure and
Pete Azure, Plaintiffs and Appellants
v.
Belcourt Public
School District, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Rolette County
Judge Lester Ketterling
Nature of Action: Other (Civil)
Counsel:
Appellant: Dickson Law Office
Appellee: McGee, Hankla, Backes & Dobrovolny
Term: 04/2004   Argument: 04/14/2004  10:45am
ND cite: 2004 ND 128
NW cite: 681 N.W.2d 816

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Issues: Appellant's Statement of the Issues:
I. The District Court erred when it held that the BPSD did not exercise control over the Turtle Mountain Community Middle School because the issue of control is a question of fact for the jury to decide.
II. There exists a question of fact as to whether the BPSD breached its duty of care on the March 29, 2000, incident.

Appellee's Statement of the Issues:
I. Did the trial court correctly conclude that the Belcourt Public School District owed no duty to the Plaintiffs?
II. No reasonable jury could conclude that the Belcourt Public School District violated any duty.

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Docket entries:
111/17/2003 NOTICE OF APPEAL: 11/13/2003
211/17/2003 ORDER FOR TRANSCRIPT: 11/13/2003
312/10/2003 TRANSCRIPT DATED MARCH 27, 2003
412/11/2003 DISK - TRA of Mar. 27, 2003
512/15/2003 RECORD ON APPEAL (2 Vols.) & Depositions (5)
601/20/2004 APPELLANT BRIEF
701/20/2004 APPELLANT APPENDIX
801/20/2004 DISK - atb
902/19/2004 MOT. EXT/TIME APPELLEE BRIEF; BRIEF IN SUPPORT (faxed)
1002/19/2004 E-FILED MOTION (MAE)
1102/19/2004 ACTION BY CLERK (MAE, w/understanding OA will be heard in April). Granted: 03/01/2004
1203/01/2004 APPELLEE BRIEF
1303/02/2004 DISK - AEB
1403/12/2004 REPLY BRIEF
1503/16/2004 DISK - e-mailed (RYB)
1604/14/2004 APPEARANCES: Timothy Q. Purdon, Agnes Azure, Pete Azure; Jason R. Vendsel
1704/14/2004 ARGUED: Purdon; Vendsel (Vol. Y; Page 230)
1804/14/2004 ORAL ARGUMENT WEBCAST
1906/30/2004 DISPOSITION: AFFIRMED
2006/30/2004 UNANIMOUS OPINION: Neumann, William A.
2106/30/2004 Costs on appeal taxed in favor of appellee
2207/01/2004 Judgment Mailed to Parties
2307/23/2004 MANDATE
2408/03/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2505/18/2011 EXPUNGED - Nonpermanent record items destroyed

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