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PERRY CENTER, INC. v. HEITKAMP

Civil No. 970218.

576 N.W.2d 505 (1998)

1998 ND 78

The PERRY CENTER, INC., Plaintiff and Appellant, v. Heidi HEITKAMP, individually and in her official capacity as Attorney General of North Dakota; David W. Huey, individually and in his official capacity as Assistant Attorney General of North Dakota; Wayne Drewes, individually and in his official capacity as receiver for Family Life Services, Inc. and Help and Caring Ministries, Inc.; Henry C. Wessman, individually; and Carol Olson, in her official capacity as Director of the North Dakota Department of Human Services, Defendants and Appellees.

Supreme Court of North Dakota.

April 8, 1998.

Attorney(s) appearing for the Case

Richard D. Varriano, Moorhead, for plaintiff and appellant. Argued by Peter B. Crary, Fargo, on behalf of Richard D. Varriano.

Douglas A. Bahr, Assistant Attorney General, Bismarck, for defendants and appellees Heidi Heitkamp and David W. Huey.

Bruce H. Carlson, of McNair, Larson & Carlson, Ltd., Fargo, for defendant and appellee Wayne Drewes.

Paul J. Noah and Bruce D. Quick, of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, for defendants and appellees Henry C. Wessman and Carol Olson.

SANDSTROM, Justice.

[¶ 1] The Perry Center, Inc. appeals from a judgment dismissing on the pleadings its action against Attorney General Heidi Heitkamp and Assistant Attorney General David W. Huey; summary judgments dismissing its action against Henry C. Wessman, former Director of the Department of Human Services (Department), and his successor in office, Carol Olson, and against Wayne Drewes, a court-appointed receiver; and an order denying its motion to amend...

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