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RHEAUME v. STATE

Civ. No. 10415.

339 N.W.2d 90 (1983)

Lindsey RHEAUME, Robert Kjenstad, and William F. Saefke, Plaintiffs and Appellees, v. The STATE of North Dakota, North Dakota State Board of Higher Education, and Robert O. Wefald, Attorney General of the State of North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

October 12, 1983.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, argued, for plaintiffs and appellees.

Rick D. Johnson, Asst. Atty. Gen., State Bd. of Higher Educ., Bismarck, argued, for defendants and appellants. Appearance by Boyd A. Wright, Grand Forks.

ERICKSTAD, Chief Justice.

The plaintiffs, Lindsey Rheaume, Robert Kjenstad, and William F. Saefke (the Students) filed a declaratory judgment action requesting the District Court of Burleigh County to construe, as it relates to them, Section 15-10-18.3, N.D.C.C., which provides in relevant part:

"15-10-18.3. Free tuition in North Dakota institutions of higher education. Any dependent, as defined in section 15-10-18.2 upon being duly accepted for enrollment...

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