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KARSKY v. KIRBY

No. 20030354.

680 N.W.2d 257 (2004)

2004 ND 110

Timothy J. KARSKY, in his official capacities as Commissioner of the North Dakota Department of Financial Institutions, and as Conservator of No-Dak State Trust Company, Plaintiff and Appellee v. Jane Dorothea KIRBY, an individual person, Defendant and Appellant and Dr. Thomas J. Clifford, in his capacity as president of NoDak State Trust Company, Defendant.

Supreme Court of North Dakota.

June 3, 2004.

Attorney(s) appearing for the Case

Scott A. Miller (argued), Assistant Attorney General, and Douglas Bruce Anderson (on brief), Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for plaintiff and appellee.

Thomas D. Kelsch (argued) and Thomas F. Kelsch (on brief), Kelsch, Kelsch, Ruff & Kranda, Mandan, N.D., for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Jane Dorothea Kirby appealed from a district court judgment appointing a receiver to liquidate NoDak State Trust Company ("NoDak"). We hold that Kirby waived her right to an administrative hearing under N.D.C.C. § 6-08-08.1(6) from the State Banking Board's ("Board") denial of her application to acquire control of NoDak, and we affirm.

I

[¶ 2] NoDak is a trust company that was formed in the spring of 1963. In...

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