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LEVEY v. STATE DEVELOPMENTAL CENTER

Civ. No. 950054.

533 N.W.2d 707 (1995)

Mark LEVEY by the Personal Representative of his Estate and Alma and Frank Levey, Parents of Mark Levey, Deceased, Plaintiffs and Appellants, v. STATE DEVELOPMENTAL CENTER, Grafton, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

June 27, 1995.

Attorney(s) appearing for the Case

Irvin B. Nodland, Bismarck, for plaintiffs and appellants.

Sara Beth Gullickson, Asst. Atty. Gen., Fargo, for defendant and appellee.

LEVINE, Justice.

Mark Levey, by the personal representative of his estate, and Alma and Frank Levey [hereinafter collectively "Leveys"] appeal from a district court judgment dismissing their claims against the State Developmental Center in Grafton. The judgment of dismissal was entered in response to a supervisory writ issued by this court January 19, 1995.

The Leveys first challenge our decision in Bulman v. Hulstrand Construction Co., Inc.,

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