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ST. VINCENT'S NURSING HOME v. DEPARTMENT OF LABOR

Civ. No. 8543.

168 N.W.2d 265 (1969)

In the Matter of the Classification of St. Vincent's Nursing Home. ST. VINCENT'S NURSING HOME, a Nonprofit Corporation, Plaintiff and Respondent, v. The DEPARTMENT OF LABOR of the State of North Dakota and Orville W. Hagen, Commissioner of Labor, Defendants and Appellants.

Supreme Court of North Dakota.

May 20, 1969.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiff and respondent.

Helgi Johanneson, Atty. Gen., and Jack G. Marcil, Special Asst. Atty. Gen., Bismarck, for defendants and appellants.

STRUTZ, Judge.

This matter comes before us on motion by the plaintiff, St. Vincent's Nusing Home, to dismiss an appeal by the defendant Department of Labor of the State of North Dakota. The record discloses that the Department voluntarily paid costs taxed by the clerk of court in the sum of $43.50. After paying such costs, the Department took an appeal from the judgment, which judgment found St. Vincent's Nursing Home to be a hospital under the provisions of Section...

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