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TRINITY MED. CENTER v. N.D. BD. OF NURSING

Civ. No. 11257.

399 N.W.2d 835 (1987)

TRINITY MEDICAL CENTER and Medcenter One, not for profit corporation, Plaintiffs, v. NORTH DAKOTA BOARD OF NURSING; Jan Schauer, Kay Hovland, Yvonne Hamilton, Paulette Voegele, James Shearer, Alice Kotaska, Alvilda Skurdal, Karen Robideau, and Bonnie Bieber, constituting all of the members of the North Dakota Board of Nursing, Defendants.

Supreme Court of North Dakota.

January 8, 1987.

Attorney(s) appearing for the Case

Bosard, McCutcheon & Rau, Minot, for plaintiff Trinity Medical Center; argued by Gary Lee.

Lundberg, Nodland, Lucas & Schulz, Bismarck, for plaintiff Medcenter One.

Calvin N. Rolfson, Sp. Asst. Atty. Gen. (argued), Bismarck, and Larry Kraft, Grand Forks, for defendants.

Zuger & Bucklin, Bismarck, amicus curiae for State Nurses Association.

Vedder, Price, Kaufman, & Kammholz, Chicago, Ill., amicus curiae for Nat. Council of State Boards of Nursing, Inc.

ERICKSTAD, Chief Justice.

The issues under consideration were certified to us pursuant to Rule 47.1 of the North Dakota Rules of Appellate Procedure by the Honorable Bert L. Wilson, Judge of the District Court of Northwest Judicial District. We affirm. The certified questions and answers by the district court are:

"1. Whether [or not] the authority given by the State Legislature to the North Dakota Board of Nursing through Section 43-12.1-08(6), N.D.C.C....

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