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HENRY v. SECURITIES COMM'R FOR STATE

Nos. 20020155-20020157.

659 N.W.2d 869 (2003)

2003 ND 62

Brian HENRY, Petitioner and Appellant v. SECURITIES COMMISSIONER FOR the STATE of North Dakota, Respondent and Appellee. Gerald Henry, Petitioner and Appellant v. Securities Commissioner for the State of North Dakota, Respondent and Appellee. Dennis Skarphol, Petitioner and Appellant v. Securities Commissioner for the State of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

April 15, 2003.

Attorney(s) appearing for the Case

Michael Ray Hoffman, Bismarck, for petitioners and appellants.

Matthew Otto Bahrenburg, Special Assistant Attorney General, Securities Commissioner's Office, Bismarck, for respondent and appellee.

MARING, Justice.

[¶ 1] Brian Henry, Gerald Henry and Dennis Skarphol appealed from a district court order affirming the Securities Commissioner's decision denying their motions to dismiss cease and desist orders. We conclude the Commissioner's decision is not a "final order" under N.D.C.C. § 28-32-42 and is not appealable, and we, therefore, vacate the district court order affirming the Commissioner's decision and dismiss the appeals.

I

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