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ASH v. TRAYNOR

Civil No. 980026.

579 N.W.2d 180 (1998)

1998 ND 112

Arthur ASH, Victor Baumgartner, Simon Bosch, Jack Bullinger, Berndean Coppin, Claude Hudson, Emma Loeb, Reuben Magstadt, William Schell, Esther Schmidt, Dorothy Sigl, Donald Simenson, Elaine Speaks, and Anton Weichel, Claimants and Appellees, v. J. Patrick TRAYNOR, in his Official Capacity as Executive Director of the North Dakota Workers Compensation Bureau, and the State of North Dakota, acting through the North Dakota Workers Compensation Bureau, Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 1, 1998.

Attorney(s) appearing for the Case

Brent J. Edison and Tracy Vigness Kolb, Special Assistant Attorneys General, Bismarck, for appellants.

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

NEUMANN, Justice.

[¶ 1] The Workers Compensation Bureau appeals from the district court's amended judgment reversing the Bureau's orders canceling disability benefits of fourteen claimants because each claimant began receiving social security retirement benefits. We affirm the judgment of the district court, holding the Bureau erred in avoiding a valid obligation to pay disability for each claimant.

I

[¶ 2] Fourteen claimants challenged...

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