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WHITE v. ALTRU HEALTH SYSTEM

No. 20070031.

746 N.W.2d 173 (2008)

2008 ND 48

Denise D. WHITE, Plaintiff and Appellant, v. ALTRU HEALTH SYSTEM, a North Dakota Corporation; First Care Health Center; P.R. Health Corporation, a North Dakota Corporation; and Jamil R. Tareen, M.D., Defendants and Appellees.

Supreme Court of North Dakota.

March 20, 2008.

Attorney(s) appearing for the Case

Shirley Ann Dvorak (argued), Grand Forks, ND, and Thomas V. Omdahl (on brief), Omdahl Law Office, Grand Forks, ND, for plaintiff and appellant.

Donna M. Smith (argued) and Randall S. Hanson (appeared), Camrud, Maddock, Olson & Larson, Ltd., Grand Forks, ND, for defendants and appellees.

CROTHERS, Justice.

[¶ 1] Denise White appeals the district court's December 27, 2006 order denying her motion for reconsideration of dismissal, her motion to amend complaint, and her motion to vacate judgment. We conclude the district court abused its discretion by denying White's motion to vacate and her motion to reconsider because it applied the incorrect version of the statute. We reverse and remand for consideration under N.D.X.C.C.? § 28-01-46 (1997...

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