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GANGE v. CLERK OF BURLEIGH CTY. DIST. COURT

Civ. No. 870389.

429 N.W.2d 429 (1988)

Mary Lou GANGE, on behalf of herself and others similarly situated, unknown as a class, Plaintiff and Appellant, v. CLERK OF BURLEIGH COUNTY DISTRICT COURT and Department of Public Instruction, Defendants and Appellees.

Supreme Court of North Dakota.

September 20, 1988.

Attorney(s) appearing for the Case

Baer & Asbridge, Chartered, Bismarck, for plaintiff and appellant; argued by Richard B. Baer.

Laurie J. Loveland (argued), Asst. Atty. Gen., Bismarck, for defendant and appellee Dept. of Public Instruction.

Anna M. Frissell, Asst. State's Atty., Bismarck, for defendant and appellee Clerk of Burleigh County Dist. Court. Appearance by Anna M. Frissell.

MESCHKE, Justice.

Mary Lou Gange appealed from a district court judgment upholding, as constitutional, a statute which requires collection of a $50 fee from every person filing a divorce action to fund a displaced homemaker program. We affirm.

Section 14-06.1-15, N.D.C.C., assesses a $50 fee against every person filing "a petition for dissolution of marriage, annulment, or separation from bed and board." This fee, called a "marriage dissolution fee" by the...

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