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BURKE v. RASCHKE

Civ. No. A2-75-102.

428 F.Supp. 1030 (1977)

Jonathon McConaughney BURKE and Chris Alan Kinnison, Plaintiffs, v. Kenneth RASCHKE, Commissioner, et al., Defendants.

United States District Court, D. North Dakota, Northeastern Division.

March 21, 1977.

Attorney(s) appearing for the Case

Nancy G. Maxwell, Grand Forks, N. D., for plaintiffs.

Gerald W. Vandewalle, Chief Deputy Atty. Gen., Bismarck, N. D., for defendants.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

This case, which arises under 42 U.S.C. § 1983, 28 U.S.C. § 1343(3) and (4), and 28 U.S.C. §§ 2201, 2202, challenges the constitutionality of a narrow provision of NDCC § 15-10-19 (Supp.1975), the North Dakota nonresident student tuition statute, both on its face and as it applies to Plaintiff Jonathon McConaughney Burke.

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