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WUTZKE v. HOBERG

No. 20030300.

675 N.W.2d 179 (2004)

2004 ND 42

Jerry L. WUTZKE, Petitioner and Appellant v. Allen C. HOBERG, in his official capacity as Director of the Office of Administrative Hearings and Bonny M. Fetch, in her official capacity as an Administrative Law Judge for the Office of Administrative Hearings, Respondents and Appellees and Burleigh County, N.D., Intervenor and Appellee.

Supreme Court of North Dakota.

February 25, 2004.

Attorney(s) appearing for the Case

Michael Geiermann, Schulz Lervick Geiermann & Bergeson Law Offices, Bismarck, N.D., for petitioner and appellant.

Douglas Alan Bahr, Solicitor General, Attorney General's Office, Bismarck, N.D., for respondents and appellees.

Lloyd Clayton Suhr, Assistant State's Attorney, Bismarck, N.D., for intervenor and appellee.

MARING, Justice.

[¶ 1] Jerry L. Wutzke appealed from a district court judgment denying his petition for a writ of mandamus. We affirm, holding Wutzke had a plain, speedy and adequate remedy in the ordinary course of the law, and the trial court did not abuse its discretion in denying Wutzke's petition.

I

[¶ 2] Wutzke was employed as a deputy sheriff with the Burleigh County Sheriff's Department until June 5, 2003 when he was terminated...

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