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STEPHENSON v. HOEVEN

No. 20070055.

737 N.W.2d 260 (2007)

2007 ND 136

Jamey M. STEPHENSON, Appellee, v. The Honorable John HOEVEN, as Governor of the State of North Dakota, and as Commander in Chief of the North Dakota National Guard, and Major General David Sprynczynatyk, Adjutant General of the North Dakota National Guard, Appellants.

Supreme Court of North Dakota.

August 22, 2007.

Attorney(s) appearing for the Case

Monty G. Mertz, Mertz Law Office, Fargo, N.D., for appellee.

Douglas Alan Bahr, Solicitor General, Office of Attorney General, Bismarck, N.D., for appellants.

MARING, Justice.

[¶ 1] John Hoeven, as Governor of North Dakota and commander in chief of the North Dakota National Guard, and Major General David Sprynczynatyk, the Adjutant General of the North Dakota National Guard (collectively referred to as the "Adjutant General"), appeal from a district court judgment reversing a decision to separate Jamey Stephenson from the North Dakota National Guard. We conclude the Adjutant General's decision is not appealable, and...

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