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STATE EX REL. SPAETH v. OLSON EX REL. SINNER

Civ. No. 10878.

359 N.W.2d 876 (1985)

STATE of North Dakota ex rel. Nicholas J. SPAETH, Attorney General, Petitioner, v. Allen I. OLSON ex rel. George SINNER, Respondents.

Supreme Court of North Dakota.

As Amended January 11, 1985.

Attorney(s) appearing for the Case

Nicholas J. Spaeth, Atty. Gen., Bismarck, for petitioner.

Thomas F. Kelsch, Sp. Asst. Atty. Gen., Bismarck, for respondent Allen I. Olson.

Malcolm H. Brown, Sp. Asst. Atty. Gen., Mandan, for respondent George Sinner; appearance by Richard J. Gross, Sp. Asst. Atty. Gen., Bismarck.

ERICKSTAD, Chief Justice.

The petitioner, Nicholas J. Spaeth, acting as Attorney General, has requested this Court to exercise its original jurisdiction to determine "whether defendant Allen Olson or relator George Sinner holds the Office of Governor."

Allen I. Olson was elected Governor of North Dakota during November 1980. He filed his oath of office on January 6, 1981. George Sinner was elected Governor of North Dakota during November 1984. He filed his...

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