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

Civ. No. 9238-A.

283 N.W.2d 96 (1979)

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

Supreme Court of North Dakota.

On Denial of Rehearing August 28, 1979.

Attorney(s) appearing for the Case

Dale W. Moench, Dickinson, for plaintiff and appellee.

Murray G. Sagsveen, Sol. Gen., Bismarck, and Richard J. Gross, Special Asst. Atty. Gen., Workmen's Compensation Bureau, Bismarck, for defendant and appellant.

Lisa Knazan and Arcelia Romo Perez, Migrant Legal Services, Fargo, amicus curiae, on briefs.

PEDERSON, Justice.

The district court of Stark County has twice held in this case that the statute which excludes agricultural service from the mandatory provisions of the Workmen's Compensation Act violates both the Constitution of North Dakota and the Constitution of the United States. When the first holding was appealed to this court, we remanded because of procedural deficiencies and made suggestions as to procedure and issues. Benson v. N. D. Workmen's Comp...

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