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BOEDECKER v. ST. ALEXIUS HOSPITAL

Civ. No. 9767.

298 N.W.2d 372 (1980)

Blair BOEDECKER, Plaintiff and Appellant, v. ST. ALEXIUS HOSPITAL and Roger F. Kennedy, Defendants and Appellees.

Supreme Court of North Dakota.

October 30, 1980.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiff and appellant; argued by Charles L. Chapman, Bismarck.

Robert J. Slorby, Minot, for defendant and appellee St. Alexius Hospital.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellee Roger F. Kennedy; argued by William A. Strutz, Bismarck.

Rick D. Johnson, Asst. Atty. Gen., amicus curiae.

PEDERSON, Acting Chief Justice.

Claiming that St. Alexius Hospital and Dr. Kennedy were negligent in the diagnosis, care, and treatment of his ailment, Boedecker applied ex parte to the district court for the establishment of a medical review panel (Chapter 32-29.1, NDCC). The district court, apparently without being urged by anyone, issued an order dismissing the application "because ... Chapter 32-29.1... is unconstitutional."

PROCEDURAL POSTURE

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