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SUNBEHM GAS, INC. v. LESMEISTER

Civ. No. 10047.

308 N.W.2d 555 (1981)

SUNBEHM GAS, INC.; A. G. Golden; and Deka Minerals, a partnership, Petitioners, v. John Steven LESMEISTER, State Treasurer, Respondent.

Supreme Court of North Dakota.

July 20, 1981.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for petitioners; argued by Frank J. Magill, Fargo.

Kenneth M. Jakes, Asst. Atty. Gen., State Tax Dept., Bismarck, argued, for respondent by Robert W. Wirtz, State Tax Dept., Bismarck.

ERICKSTAD, Chief Justice.

On July 10, 1981, the plaintiffs, SunBehm Gas, Inc., A. G. Golden, and Deka Minerals, a partnership, (hereinafter the Taxpayers1 filed an application requesting this Court to exercise its original jurisdiction, under Article VI, Section 2 of the North Dakota Constitution, and to issue a writ of prohibition, under Chapter 32-35, N.D.C.C., against the defendant, John Steven Lesmeister, State Treasurer, restraining...

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