STATE EX REL. HEITKAMP v. FAMILY LIFE SERV.

Civil No. 960213.

560 N.W.2d 526 (1997)

1997 ND 37

STATE of North Dakota ex rel. Heidi HEITKAMP, Attorney General, Plaintiff and Appellee, v. FAMILY LIFE SERVICES, INC., dba Family Life Credit Services, and American Family Credit Services; Help and Caring Ministries, Inc.; Darold Larson, individually, and as officer and employee of Family Life Services, Inc., and as officer and employee of Help and Caring Ministries, Inc., and as trustee of Christian Caring Ministry Trust; Patricia Larson, individually and as an officer and employee of Family Life Services, Inc., and Help and Caring Ministries, Inc.; Joseph Larson, individually and as trustee of the Christian Caring Ministry Trust and as officer, employee, or director of Help and Caring Ministries, Inc.; Benjamin Larson, individually and as trustee of the Christian Caring Ministry Trust and as officer, employee, or director of Family Life Services, Inc.; Dennis Uchtman, individually and as officer, employee, and director of Family Life Services, Inc., and Help and Caring Ministries, Inc.; Charlene Uchtman, individually and as an officer and director of Family Life Services, Inc.; Gary Chattin, individually and as an officer and director of Family Life Services, Inc.; Lynn Sahr, individually and as an officer and director of Help and Caring Ministries, Inc.; David Clemens, individually and as an officer and director of Help and Caring Ministries, Inc.; Diamond Card International, Inc.; and National Association of Christian Credit Counselors, Defendants, and Martin Wishnatsky, Intervenor and Appellant.

Supreme Court of North Dakota.

February 27, 1997.


Attorney(s) appearing for the Case

David W. Huey (argued), Assistant Attorney General, Bismarck, for plaintiff and appellee.

Martin Wishnatsky, Fargo, pro se.


SANDSTROM, Justice.

[¶ 1] Martin Wishnatsky appeals from a district court order denying his motion to intervene as a defendant in this action under Rule 24(a), N.D.R.Civ.P. Because Wishnatsky has a cognizable First Amendment right to receive ministry, an interest established by the Attorney General's own words as sufficiently distinct from the defendants', we reverse the trial court's order and direct the trial court to allow intervention.

[¶ 2]...

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