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STATE EX REL. OLSON v. GRAFF

Civ. No. 9688.

287 N.W.2d 87 (1979)

STATE of North Dakota ex rel. Allen I. OLSON, in his capacity as Attorney General of the State of North Dakota, Petitioner, v. Benny GRAFF, Presiding Judge, South Central Judicial District; and Gerald Glaser, Judge, South Central Judicial District, Respondents.

Supreme Court of North Dakota.

December 20, 1979.

Attorney(s) appearing for the Case

Allen I. Olson, Atty. Gen., and Murray G. Sagsveen, Sol., Bismarck, for petitioner; argued by Murray G. Sagsveen, Sol., Bismarck.

Respondents were not represented by brief or on oral argument.

Zuger & Bucklin, Bismarck, appeared amicus curiae; argued by William P. Zuger, Bismarck.

PEDERSON, Acting Chief Justice.

Judges Graff and Glaser declared Chapter 32-29.1, NDCC, (Arbitration of Medical Malpractice Claims) to be unconstitutional. The required medical review panel was therefore bypassed, and a medical malpractice action was initiated in the South Central Judicial District. Allen Olson, Attorney General, asserts that the district court is without jurisdiction to hear the case and requests this court to assume original jurisdiction and issue...

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