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SMITH v. CITY OF GRAND FORKS

Civ. No. 910121.

478 N.W.2d 370 (1991)

Robert M. SMITH, Plaintiff and Appellant, v. CITY OF GRAND FORKS, North Dakota, and Chief of Police, Grand Forks, North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

December 9, 1991.

Attorney(s) appearing for the Case

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

Howard D. Swanson (appearance), City Atty., of Letnes, Marshall, Fiedler & Clapp, Ltd., Grand Forks, for defendants and appellees; argued by Douglas W. Gigler, third year law student.

LEVINE, Justice.

Robert M. Smith appeals from a district court judgment dismissing his malicious prosecution suit against the City of Grand Forks and its chief of police. We affirm in part and vacate in part.

In June 1990, Smith sued the defendants for malicious prosecution stemming from Smith's July 1987 arrest for, and ultimate acquittal of, preventing the arrest of another in violation of NDCC § 12.1-08-02. Smith attempted to serve the City by leaving...

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