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LEADBETTER v. ROSE

Civ. No. 900200.

467 N.W.2d 431 (1991)

Mary LEADBETTER, Plaintiff and Appellant, v. Richard ROSE, Ph.D., Defendant, and University of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

March 19, 1991.

Attorney(s) appearing for the Case

Shirley A. Dvorak (appearance), Mack, Moosbrugger, Ohlsen, Dvorak & Carter, Grand Forks, for plaintiff and appellant. Argued by Leann Bertsch, 3rd Year Law Student.

Janet Seaworth (argued), Bismarck, for defendant and appellee. Appearance by Gary R. Thune, Sp. Asst. Atty. Gen., Bismarck.

ERICKSTAD, Chief Justice.

Mary Leadbetter appeals from a judgment dismissing, on the grounds of sovereign immunity, her action against the University of North Dakota [UND]. We affirm.

Leadbetter, a physiology student at UND, sued UND and Dr. Richard Rose, the chairman of the physiology department at UND, alleging that Rose sexually assaulted her while they were attending a meeting of the Federation of American Societies for Experimental Biology in New Orleans...

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