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DORGAN v. MILLER

Civ. No. 9443-A.

297 N.W.2d 418 (1980)

Byron DORGAN, Tax Commissioner, State of North Dakota, Petitioner and Appellee, v. Eldor MILLER, Respondent and Appellant.

Supreme Court of North Dakota.

October 6, 1980.

Attorney(s) appearing for the Case

Robert W. Wirtz, Sp. Asst. Atty. Gen., State Tax Dept., Bismarck, for petitioner and appellee.

Eldor Miller, Hazen, pro se.

SAND, Justice.

The Tax Commissioner, after an investigation, petitioned the district court pursuant to § 57-38-47,1 North Dakota Century Code, for a writ of mandamus compelling Eldor Miller, the appellant herein, to file North Dakota income tax returns for the years 1976 and 1977. After a hearing in which evidence was introduced, the district court granted the requested writ of mandamus and Miller appealed. A somewhat related matter...

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