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TOOLEY v. ALM

Civ. No. 930358.

515 N.W.2d 137 (1994)

Darrell TOOLEY, on behalf of himself and all others similarly situated, Plaintiff and Appellant, v. Diane ALM, Executive Director of the North Dakota Workers Compensation Bureau, and North Dakota Workers Compensation Bureau, Defendants and Appellees.

Supreme Court of North Dakota.

April 20, 1994.

Attorney(s) appearing for the Case

Glen R. Bruhschwein, Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiff and appellant.

Dean J. Haas, Asst. Atty. Gen., ND Workers Compensation Bureau, Bismarck, for defendants and appellees.

SANDSTROM, Justice.

The plaintiff in this action, Darrell Tooley, seeks certification of a class action in order to compel the North Dakota Workers Compensation Bureau to notify and screen claimants for potential permanent partial impairment awards. Tooley appeals from a judgment dismissing his action for a declaratory judgment and a writ of mandamus against the bureau and its executive director. We hold Tooley has not shown a clear legal right to the relief requested...

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