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BESETTE v. ENDERLIN SCH. DIST. NO. 22

Civ. No. 9680.

288 N.W.2d 67 (1980)

Donald BESETTE, Individually and as next friend on behalf of Christine Besette, Plaintiff and Appellant, v. ENDERLIN SCHOOL DISTRICT No. 22, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

Tenneson, Serkland, Lundberg, Erickson, Leclerc & Marcil, Fargo, and Stetson, Jones & Streich, Lisbon, for plaintiff and appellant; appearances by Wayne P. Jones, Lisbon and Jack G. Marcil, Fargo; argued by Mr. Marcil.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee; argued by Carlton J. Hunke, Fargo.

ERICKSTAD, Chief Justice.

This is an appeal by Donald Besette, individually and as next friend on behalf of Christine Besette, from the order of the Ransom County District Court granting summary judgment to Enderlin School District No. 22 and dismissing Besette's complaint for failure to file a claim within 90 days against the school district under the provisions of Subsection 1, Section 4, Chapter 295, 1975 North Dakota Session Laws (hereinafter Subsection 1). We...

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