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NORTHWESTERN BELL TEL. CO. v. BOARD OF COM'RS OF FARGO

Civ. No. 8924.

211 N.W.2d 399 (1973)

NORTHWESTERN BELL TELEPHONE COMPANY, a corporation, Plaintiff and Appellee, v. The BOARD OF COMMISSIONERS OF the CITY OF FARGO, a North Dakota municipal corporation, et al., Defendants and Appellants.

Supreme Court of North Dakota.

October 2, 1973.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for plaintiff and appellee.

Solberg & Stewart, Fargo, for defendants and appellants.

VOGEL, Judge.

The only question before us is the construction of Section 40-11-02, North Dakota Century Code (set forth in full, infra), as applied to the peculiar facts presented by this case. Otherwise stated, we must decide whether Ordinance No. 1444 of the City of Fargo was passed. The controversy arises because Section 40-11-02 requires for the passage of a city ordinance that ". . . a majority of all of the members of the governing body must concur in...

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