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NODAK MUT. INS. v. WARD COUNTY FARM BUREAU

No. 20030134.

676 N.W.2d 752 (2004)

2004 ND 60

NODAK MUTUAL INSURANCE COMPANY, a North Dakota mutual insurance company, and the Office of the North Dakota Insurance Commissioner, Plaintiffs and Appellees, v. The WARD COUNTY FARM BUREAU, a North Dakota non-profit corporation located in Ward County, and currently unidentified John Does acting in cooperation or concert with the named Defendant, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied April 13, 2004.

Attorney(s) appearing for the Case

Todd E. Zimmerman (argued) and Sarah Andrews Herman (on brief), Dorsey & Whitney, Fargo, ND, for plaintiff and appellee Nodak Mutual Insurance Company.

Douglas A. Bahr, Solicitor General, Attorney General's Office, Bismarck, ND, for plaintiff and appellee Office of the North Dakota Insurance Commissioner.

Lynn M. Boughey, Boughey Law Firm, Minot, ND, for defendants and appellants.

MARING, Justice.

[¶ 1] The Ward County Farm Bureau appealed from a judgment and amended judgment dismissing its counterclaims against Nodak Mutual Insurance Company ("Nodak") and the North Dakota Insurance Commissioner and refusing to postpone a special election to amend Nodak's bylaws and select new directors. We conclude the district court correctly ruled Ward County Farm Bureau lacked standing for its counterclaims against the Commissioner, and the court did...

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