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OLD BROADWAY CORP. v. HJELLE

Civ. No. 11328.

411 N.W.2d 81 (1987)

OLD BROADWAY CORPORATION, Paradiso of Bismarck, Inc., Select Inns of America, Inc., Edmond Lefreniere, dba Happy Host Inn, J.E.P., Incorporated, Wold Properties, Inc., and Fagerholt-Jackson, Inc., Plaintiffs and Appellants, and Dakota Bank & Trust Co., Plaintiff, v. Walter R. HJELLE as North Dakota State Highway Commissioner, Defendant and Appellee.

Supreme Court of North Dakota.

August 12, 1987.

Attorney(s) appearing for the Case

Daniel J. Crothers (argued) and Edmund G. Vinje II, of Vinje Law Office, Fargo, for plaintiffs and appellants.

Lamb, McNair, Larson & Carlson, Fargo, for Dakota Bank & Trust Co.; no appearance.

Robert E. Lane, Asst. Atty. Gen., Bismarck, for defendant and appellee.

VANDE WALLE, Justice.

This is an appeal from an order denying class-action status to a group of advertisers whose messages appear on highway signs scheduled for removal by the North Dakota State Highway Commissioner. We affirm.

In June of 1985 the North Dakota State Highway Commissioner ordered the removal of a class of highway signs identified as "interim permitted signs." A group of seven advertisers instituted an action against the Highway Commissioner...

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