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KFGO RADIO, INC. v. ROTHE

Civ. No. 9764.

298 N.W.2d 505 (1980)

KFGO RADIO, INC. and WDAY, Inc., Plaintiffs and Appellees, v. Cynthia ROTHE, in her official capacity as State's Attorney for Cass County, North Dakota and Robert Hoy, in his official capacity as Assistant State's Attorney for Cass County, North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

November 3, 1980.

Attorney(s) appearing for the Case

Robert G. Hoy, Asst. State's Atty., Fargo, for defendants and appellants.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs and appellees; argued by H. Patrick Weir, Fargo.

PAULSON, Justice.

Cynthia Rothe and Robert Hoy, the Cass County state's attorney and assistant Cass County state's attorney respectively, (hereafter referred to as the State) appeal from a judgment entered by the Cass County District Court on March 13, 1980, which permanently enjoined the State from denying access to any state's attorney's inquiry held pursuant to the provisions of § 11-16-15, N.D.C.C. The State also appeals from an order of the district court...

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