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CARDIFF v. BISMARCK PUBLIC SCHOOL DIST.

Civ. No. 9388.

263 N.W.2d 105 (1978)

Gary CARDIFF, Russell Johnson, Alice Higgins, Cheryll McDowall, Jon Nelson, Plaintiffs and Appellees, v. BISMARCK PUBLIC SCHOOL DISTRICT, Defendant and Appellant.

Supreme Court of North Dakota.

As Corrected March 2, 1978.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Peterson, Bismarck, for defendant and appellant; argued by Robert O. Welfald and Rick D. Johnson, Bismarck.

Fintan L. Dooley, Bismarck, and Stephen L. Pevar, Denver, Colo., for plaintiffs and appellees.

SAND, Justice.

The Bismarck Public School District appealed from an adverse summary judgment issued by the Burleigh County district court.

Gary Cardiff and other parents of school children attending elementary schools in the Bismarck Public School District brought an action in Burleigh County district court challenging the authority of the school district to charge rental fees for the use of necessary school textbooks.

The State of North Dakota initially...

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