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 9:30am

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

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