ND Securities Commissioner v. Juran and Moody, Inc.

990355

In the Matter of Juran and Moody, Inc., a/k/a
JM Dissolution, JM Capital Corporation, Juran and
Moody Financial Group, Inc., Municipal Capital
Markets Corporation, George Frank, and their
Officers, Directors, Employees, Salesmen,
Affiliated Companies, and escrow Agents or Trustees
who acted as Agents for any of the Respondents,
-----------------------------
North Dakota Securities Commissioner, Appellant
v.
Juran and Moody, Inc., a/k/a
JM Dissolution, JM Capital
Corporation, Juran and
Moody Financial Group, Inc.,
Municipal Capital Markets
Corporation, George Frank,
and their Officers, Directors,
Employees, Salesmen, Affiliated
Companies, and escrow Agents or
Trustees who acted as Agents for
any of the Respondents, Respondents and Appellees

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl

Nature of Action:

Administrative Proceeding

Counsel:

Appellant:		#James L. Norris, PC , Spec. Asst. Atty. Gen.
Appellee:		Dorsey & Whitney
Appellee:		Lawyer not licensed in N.D.

Term:

04/2000 Argument: 04/11/2000

ND cite:

2000 ND 136

NW cite:

613 N.W.2d 503

Issues:

Appellant's Statement of the Issues:
Whether a governmental agency has the right to appeal an adverse order by an administrative law judge, when the agency authorized the administrative law judge to issue a final order.

Appellee's Statement of the Issues:
Does the Securities Commissioner Have Standing to Appeal the Final Order Issued by an Administrative Law Judge Where the Securities Commissioner Delegated His Authority to Issue the Final Order to the Administrative Law Judge?

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Docket entries:

1		12/01/1999 NOTICE OF APPEAL: 11/30/1999
2		12/01/1999 ORDER FOR TRANSCRIPT: 11/30/1999
3		01/10/2000 TRANSCRIPT DATED August 23, 1999
4		01/12/2000 DISK - TRA
5		01/12/2000 RECORD ON APPEAL (w/separate 3-Record of SEC & tra. dated Nov. 4, 1998)
6		02/17/2000 APPELLANT BRIEF
7		02/17/2000 APPELLANT APPENDIX
8		02/17/2000 DISK - ATB
9		02/23/2000 DISK - TRA (11-4-98)
10		03/21/2000 APPELLEE BRIEF
11		03/21/2000 ADDENDUM TO BRIEF APPELLEES
12		03/22/2000 DISK - AEB
13		03/22/2000 Request for Radio/TV Coverage (Associated Press) letter dated 3-22-00 from Jack McDonald (APPROVED)
14		04/10/2000 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
15		04/10/2000 SITTING WITH THE COURT: Bekken, James M.
16		04/11/2000 APPEARANCES: James L. Norris; Todd E. Zimmerman
17		04/11/2000 ARGUED: Norris; Zimmerman (Vol. X; page 15)
18		07/03/2000 DISPOSITION: REVERSED AND REMANDED
19		07/03/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
20		07/03/2000 Costs on appeal in favor of Appellant, Commissioner
21		07/03/2000 Order/Judgment Mailed to Parties
22		07/26/2000 MANDATE
23		08/02/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
24		03/12/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/21/2017