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DICKINSON PUBLIC SCHOOL DIST. v. SANSTEAD

Civ. 870221.

425 N.W.2d 906 (1988)

DICKINSON PUBLIC SCHOOL DISTRICT; Zap Public School District No. 14; Stanton Public School District No. 22; and Bismarck Public School District, Plaintiffs and Appellees, v. Wayne SANSTEAD, Superintendent, Department of Public Instruction, and the State of North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiffs and appellees Dickinson Public School Dist., Zap Public School Dist. No. 14, and Stanton Public School Dist. No. 22.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellee Bismarck Public School Dist.

Paul F. Ebeltoft, Jr., of Mackoff, Kellogg, Kirby & Kloster, P.C., argued for plaintiffs and appellees.

Patricia May McCord Moen (argued), Asst. Atty. Gen., Bismarck, for defendants and appellants.

ERICKSTAD, Chief Justice.

Wayne Sanstead, in his official capacity as the Superintendent of the Department of Public Instruction, and the State of North Dakota [hereafter collectively referred to as the State] appeal from a district court judgment awarding $371,548.28 plus interest and costs to the Dickinson Public School District, the Stanton Public School District, and the Bismarck Public School District [hereafter collectively referred

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