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NORTH DAKOTA STATE UNIVERSITY v. U.S.

No. A3-98-50.

84 F.Supp.2d 1043 (1999)

NORTH DAKOTA STATE UNIVERSITY, an agency of the State of North Dakota, Plaintiff, v. UNITED STATES of America, Defendant.

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

November 19, 1999.

Attorney(s) appearing for the Case

Garry A. Pearson, Jon Jay Jensen, Pearson, Christensen, Clapp, Fiedler, Fisher & Jensen, Grand Forks, ND, for ND State University, plaintiff.

John T. Schneider, U.S. Attorney's Office, Fargo, ND, Lawrence A. Casper, U.S. Department of Justice, Washington, DC, Daniel R Conrad, U.S. Department of Justice, Tax Division, Washington, DC, for USA, defendant.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I. Introduction

Before the court is defendant United States' motion for summary judgment. (doc. #22). Plaintiff North Dakota State University (NDSU) opposes the motion, (doc. #26), and advocates instead that summary judgment be granted in favor of itself since there are no material issues of fact to be tried. Although NDSU has not formally filed a cross-motion for summary judgment, the United States...

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