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EMERADO PUBLIC SCHOOL DIST. # 127 v. SANFORD

Civ. No. A2-90-84.

750 F.Supp. 418 (1990)

EMERADO PUBLIC SCHOOL DISTRICT # 127, Plaintiff, v. Mark SANFORD, individually and as Superintendent, Grand Forks Public School District # 1; Grand Forks Public School District # 1; Kathryn Haltli, individually and as Grand Forks County Superintendent of Schools; Wayne G. Sanstead, individually and as Superintendent, Department of Public Instruction; Robert Hansen, individually and as North Dakota State Treasurer; and Richard Rayl, individually and as Director, North Dakota Office of Management and Budget, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

October 30, 1990.

Attorney(s) appearing for the Case

Morley & Morley, Ltd., Patrick R. Morley, Grand Forks, N.D., Donald Hager, Larimore, N.D., for plaintiff.

Fleck Law Firm, William A. Strutz & Robert Udland, Bismarck, N.D., for Mark Sanford, indiv. and as Superintendent, GFPSD # 1; and Grand Forks Public School Dist. # 1.

Nicholas J. Spaeth, N.D. Atty. Gen., Patricia M. Moen, Bismarck, N.D., for Wayne G. Sanstead, Robert Hanson and Richard Rayl.

Pearce & Durick, Gary R. Thune, Fargo, N.D., for Kathryn Haltli.

MEMORANDUM AND ORDER

BENSON, Senior District Judge.

Emerado Public School District No. 127 (Emerado) filed an action against Mark Sanford, Grand Forks Public School District No. 1 (Grand Forks), Kathryn Haltli and three other defendants1 on May 23, 1990. Before the court is defendants' motion to dismiss for lack of subject matter jurisdiction.2

The burden of establishing jurisdiction is on...

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