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RED RIVER HUMAN SERVICES FOUNDATION v. DHS

Civ. No. 910031.

477 N.W.2d 225 (1991)

RED RIVER HUMAN SERVICES FOUNDATION, a nonprofit organization, Plaintiff and Appellant, v. The STATE OF NORTH DAKOTA, DEPARTMENT OF HUMAN SERVICES, Defendant and Appellee.

Supreme Court of North Dakota.

November 12, 1991.

Attorney(s) appearing for the Case

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff and appellant; argued by Brad A. Sinclair. Appearance by Armond G. Erickson.

Sidney J. Hertz Fiergola (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for defendant and appellee.

LEVINE, Justice.

Red River Human Services Foundation (Red River) appeals from a district court summary judgment dismissing its action against the State of North Dakota, Department of Human Services (DHS), for rent of $299,990.16 and from an order denying its motion for reconsideration and vacation of the judgment. We affirm.

In 1982, DHS leased office space from Red River for use as a regional human service center. The term of the lease was

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