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BREYFOGLE v. BRAUN

Civ. No. 890377.

460 N.W.2d 689 (1990)

Mark C. BREYFOGLE, Plaintiff and Appellant v. Barbara BRAUN, Director, Protection and Advocacy Project, and Jeanne Wagner, David Perry, Connie Hildebrand, Sister Kathryn Zimmer, Darrell Nitschke, Larry Robinson, Marie Brown, and Nelrene Yellow Bird, Members of the Executive Committee of the Protection and Advocacy Project, in their official capacities, and Arlene Wegner-Flaten, personally and in her capacity as an employee of the Protection and Advocacy Project, Teresa Larsen, in her supervisory capacity with the Protection and Advocacy Project, Defendants and Appellees.

Supreme Court of North Dakota.

September 5, 1990.

Attorney(s) appearing for the Case

Howe & Seaworth, Grand Forks, for plaintiff and appellant; argued by Henry H. Howe.

Sidney J. Hertz Fiergola (argued), Asst. Atty. Gen., Atty. Gen. Office, Bismarck, for defendants and appellees.

MESCHKE, Justice.

Mark C. Breyfogle appealed from an order dismissing, with prejudice, his action against the six members of the executive committee of the Protection and Advocacy Project, the director of the Project, and his supervisor, all in their official capacities, as well as against Arlene Wegner-Flaten personally and as an employee of the Project. The dismissal order was based on Breyfogle's failure to timely answer a motion to dismiss. We reverse and remand...

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