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STATE v. HOLECEK

Criminal Nos. 950175 to 950178.

545 N.W.2d 800 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Bernard L. HOLECEK, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. John B. BRENNAN, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Ronald D. SHAW, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Timothy K. LINDGREN, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied May 14, 1996.

Attorney(s) appearing for the Case

John T. Goff (argued), State's Attorney, Fargo, for plaintiff and appellant.

Karen Orr Hoghaug (argued), of DeMars & Turman, Fargo, Peter B. Crary (appearance), of Peter B. Crary Law Office, Fargo, and Richard D. Varriano, Moorhead, MN, for defendants and appellees. Peter B. Crary and Richard D. Varriano, on brief.

BERYL J. LEVINE, Surrogate Judge.

The State appeals from an order dismissing criminal charges for disobedience of a judicial order against Bernard Holecek, John Brennan, Ronald D. Shaw and Timothy K. Lindgren. Because the judicial order in this case, a temporary injunction, was still valid at the time the appellees were accused of violating it, we reverse and remand for further proceedings.

I

On October 25, 1991, a temporary restraining order was...

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