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VAN INWAGEN v. SANSTEAD

Civ. No. 880318.

440 N.W.2d 513 (1989)

Joseph and Renee VAN INWAGEN, Plaintiffs and Appellants, v. Wayne G. SANSTEAD, North Dakota Superintendent of Public Instruction, Alice Husfloen, Mercer County Superintendent of Schools, and Hazen Board of Education, Defendants and Appellees.

Supreme Court of North Dakota.

May 17, 1989.

Attorney(s) appearing for the Case

Michael P. Farris (argued), Home School Legal Defense Ass'n, Paeonian Springs, Va., and Mahoney & Mahoney, Center, for plaintiffs and appellants. Appearance by Ann C. Mahoney.

James M. Vukelic (argued), Sol. Gen., Atty. General's Office, Bismarck, and Richardson, Isakson & Lange, Hazen, for defendants and appellees; argued by Charles R. Isakson.

ERICKSTAD, Chief Justice.

Joseph and Renee Van Inwagen appealed to the district court from a decision of the State Superintendent of Public Instruction, Wayne Sanstead, denying the Van Inwagens' request that their children be exempted from compulsory school attendance. The district court, concluding that there was no statutory authority for the appeal, dismissed the appeal for lack of jurisdiction. We affirm.

The Van Inwagens initially requested the chairman...

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