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LITTLE v. TRAYNOR

Civil No. 960283.

565 N.W.2d 766 (1997)

1997 ND 128

Stephen D. LITTLE and Kathryn L. Dietz, Petitioners and Appellees, v. J. Patrick TRAYNOR, Executive Director of the North Dakota Workers Compensation Bureau, and the North Dakota Workers Compensation Bureau, Respondents and Appellants.

Supreme Court of North Dakota.

June 27, 1997.

Attorney(s) appearing for the Case

Dean J. Haas, of Dietz, Little & Haas, Bismarck, for petitioners and appellees.

Brent J. Edison (argued), Special Assistant Attorney General, and Tracy Vigness Kolb (appearance), Special Assistant Attorney General, Bismarck, for respondents and appellants.

SANDSTROM, Justice.

[¶ 1] The Workers Compensation Bureau appeals from a judgment invalidating its rulemaking action involving N.D.A.C. § 92-01-02-11.1, which sets a maximum claimant attorney fee rate and various fee caps, and limits reimbursement for a claimant's costs to $100 absent prior Bureau approval. The Bureau also appeals from an order awarding Stephen D. Little and Kathryn L. Dietz $450 in attorney fees. We conclude the Bureau's adoption of an...

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