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BENSON v. N. D. WORKMEN'S COMP. BUREAU

Civ. No. 9238.

250 N.W.2d 249 (1977)

Elvin O. BENSON, Appellee, v. NORTH DAKOTA WORKMEN'S COMPENSATION BUREAU, Appellant.

Supreme Court of North Dakota.

Rehearing Denied February 24, 1977.

Attorney(s) appearing for the Case

John E. Adams, Asst. Atty. Gen., and Richard J. Gross, Special Asst. Atty. Gen., Workmen's Compensation Bureau, Bismarck, for appellant; argued by John E. Adams.

Reichert, Howe, Hardy, Moench, Galloway & Jorgensen, Dickinson, for appellee; argued by Dale W. Moench, Dickinson.

PEDERSON, Justice.

This is an appeal by the North Dakota Workmen's Compensation Bureau from a judgment of the district court of Stark County, which reversed the Bureau's denial of an agricultural employee's claim for benefits and determined that the exclusion of "agricultural service" from the mandatory provisions of the Workmen's Compensation Act violates the Constitution of North Dakota and the Constitution of the United States.

The parties raised two issues...

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