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Municipal Services Corporation v. State by & through ND Dept. of Health

Docket No. 19910208
Oral Argument: Thursday, November 21, 1991 2:30pm

Docket Info

Title
Municipal Services
Corporation, Appellee
v.
The State of North Dakota,
acting by and through the
North Dakota Department of
Health and Consolidated
Laboratories, Appellant
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 91-0067
North Central Judicial District, Ward County
William M. Beede
483 N.W.2d 560

Highlight


Briefs

Filing Date Description
07/24/1991 APPELLANT BRIEF
08/24/1991 APPELLEE BRIEF (returned one copy to Gretchen Livingstrom)
09/06/1991 REPLY BRIEF OF APPELLANT (blue cover) (NOTE: copies were

Counsel

Party Type Name
APPELLANT STATE AGENCY William J Delmore - 03212
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLANT ATTY. GENERAL OFFICE Nicholas J Spaeth - 03647
APPELLANT STATE AGENCY Gregory B. Gullickson - 04695

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/18/1991 NOTICE OF APPEAL : 06/14/1991
2 07/12/1991 RECORD ON APPEAL (2 Vols.); Certificate of Record on Appeal
3 07/12/1991 (which includes exhibits and Trans. of Admin. Hearing
4 07/12/1991 dated Nov. 28-29, 1990 (6 Vols.) (NOTE: several of the
5 07/12/1991 exhibits were not rec'd --see listings attached to letter
6 07/12/1991 ack. ROA)
7 07/24/1991 APPELLANT BRIEF
8 07/24/1991 APPELLANT APPENDIX
9 08/05/1991 MOT. TO DISMISS, MEMO IN SUPPORT & NOT/FILING - RESPDUE : 08/13/1991
10 08/05/1991 (Response due by 4 p.m. on above date)
11 08/08/1991 Copies of Motion to Dismiss, Memo in Support & Not/Filing
12 08/12/1991 RESPONSE TO MOTION TO DISMISS
13 08/14/1991 REPLY IN SUPPORT OF MOTION TO DISMISS
14 08/15/1991 ACTION BY SUPREME COURT(Mot/Dis heard w/merit)
15 08/15/1991 (The Motion to Dismiss will be set at the same time as the
16 08/15/1991 hearing on the merits of this case -See Order of 8-15-91)
17 08/15/1991 ANNOUNCED DISQUALIFICATION : Meschke, Herbert L.
18 08/15/1991 ANNOUNCED DISQUALIFICATION : Gierke, H F
19 08/24/1991 APPELLEE BRIEF (returned one copy to Gretchen Livingstrom)
20 08/24/1991 Addendum (attached to AEB)
21 08/27/1991 Letter dated August 27th from Greg Gullickson supplementing
22 08/27/1991 the record (explanation of missing documents)
23 09/03/1991 AFFIDAVIT OF GOOD STANDING - RAYMOND T. REOTT
24 09/03/1991 AFFIDAVIT OF GOOD STANDING - GRETCHEN M. LIVINGSTON
25 09/06/1991 REPLY BRIEF OF APPELLANT (blue cover) (NOTE: copies were
26 09/06/1991 replaced with briefs with a gray cover - SEE DOCKET MEMO)
27 10/23/1991 SITTING WITH THE COURT : Heen, Douglas B.
28 10/25/1991 REQUEST FOR RADIO/TV COVERAGE (letter dated 10/23/91 from
29 10/25/1991 Jack McDonald requesting permission for KXMC-TV Minot to
30 10/25/1991 cover the hearing in this case)
31 11/04/1991 SITTING WITH THE COURT : Medd, Joel D.
32 11/13/1991 REQUEST FOR RADIO/TV COVERAGE (letter dated 11-12-91 from
33 11/13/1991 Jack McDonald requesting persmission for KCND-Prairie
34 11/13/1991 Public Radio- to cover hearing in this case)
35 11/19/1991 REQUEST FOR STILL CAMERA COVERAGE (Minot Daily News, See
36 11/19/1991 Jack McDonald's letter of 11/18/91
37 11/21/1991 APPEARANCES: The Honorable Nicholas J. Spaeth, Attorney
38 11/21/1991 General, William J. Delmore and Gregory B. Gullickson,
39 11/21/1991 Assistant Attorneys General; Raymond T. Reott, Gretchen M.
40 11/21/1991 Livingston, Thomas F. Kelsch, David J. Hogue and Hugh
41 11/21/1991 Shannonhouse of Municipal Services Corp.
42 11/21/1991 ARGUED: Spaeth; Reott (Vol. S, pg. 167)
43 03/31/1992 DISPOSITION
44 03/31/1992 UNANIMOUS OPINION : Levine, Beryl J. View
45 03/31/1992 (Concurring specially) : VandeWalle, Gerald W.
46 03/31/1992 (Concurring) : Medd, Joel D.
47 03/31/1992 NOTE: All five Justices signed the majority opinion but
48 03/31/1992 Justice VandeWalle and Judge Medd also filed concurrences
49 03/31/1992 Costs on appeal taxed in favor of appellee
50 05/14/1992 MANDATE
51 05/14/1992 (NOTE: Clerk's Certificate No. 76 (Certificate of Record
52 05/14/1992 on Appeal was returned to William J. Delmore, Asst.
53 05/14/1992 Attorney General - see docket memo)
54 05/01/2001 EXPUNGED - Nonpermanent record items destroyed