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STATE EX REL. VOGEL v. GARAAS

Civ. No. 9435.

261 N.W.2d 914 (1978)

STATE of North Dakota on the relation of Mart R. VOGEL, Timothy Q. Davies, P. W. Lanier, Charles A. Feste, Armond G. Erickson, Raymond A. Lamb, and Norman J. Backes, Petitioners, v. John O. GARAAS, Respondent.

Supreme Court of North Dakota.

January 23, 1978.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, for petitioners, argued by J. Gerald Nilles, Fargo.

Garaas Law Firm, Fargo, for respondent, argued by Jonathan T. Garaas.

Albert A. Wolf, Sp. Asst. Atty. Gen., appeared for the Governor, amicus curiae, with permission of the Supreme Court.

PAULSON, Judge.

This is a proceeding wherein certain private relators, on behalf of the State of North Dakota, seek to invoke the original jurisdiction of this Court for the purpose of issuing a writ of quo warranto to test the validity of the Governor's appointment of John O. Garaas to a position as district court judge of the First Judicial District.

On November 30, 1977, the Honorable Roy K. Redetzke, a judge...

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