Riemers v. State of North Dakota
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| 20070317 |
Roland C. Riemers, Plaintiff and Appellant
v.
State of North Dakota, North
Dakota State Fair Association,
Gary Knell, personally and as
President of State Fair Association,
Bob Wagoner, personally and as
State Fair Manager, and Renae
Korslien, personally and as
Concessionaire Manager, Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Constitutional Law
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| Counsel: |
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| Term: |
03/2008 Argument: 03/27/2008 11:00am
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| ND cite: |
2008 ND 101
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| NW cite: |
750 N.W.2d 407
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Did the district court err by including non-attorney fees in an award of attorney fees?
II.Did the district court err by awarding attorney fees to the Attorney General?
III.Did the district court err by not following N.D.R.Civ.P. Rule 54(e) by not requiring a motion before having a hearing?
IV.Did the district court err by not requiring the State to support its Affidavit with testimony and by not allowing Riemers to cross examine State witnesses?
V.Did the district court err by not requiring the State to show that it not only billed Risk Management for services, but that Risk Management really paid for these services?
VI.Did the district court and this Court err by ignoring the American Rule and thus attorney fees should never have been awarded to begin with?
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| 1 | | 10/29/2007 | |
NOTICE OF APPEAL: 10/25/2007 |
| 2 | | 11/20/2007 | |
RECORD ON APPEAL Not forwarded with the record was No. 51 (Steno Notes) |
| 3 | | 11/21/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 4 | | 11/21/2007 | |
E-FILED MOTION (MAT) |
| 5 | | 11/26/2007 | |
ACTION BY CLERK (MAT). Granted: 01/03/2008 |
| 6 | | 01/03/2008 | |
APPELLANT BRIEF |
| 7 | | 01/03/2008 | |
APPELLANT APPENDIX |
| 8 | | 01/03/2008 | |
DISK-atb (electronic) |
| 9 | | 01/22/2008 | |
APPELLEE BRIEF |
| 10 | | 01/22/2008 | |
DISK-AEB (Electronic) |
| 11 | | 01/25/2008 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 12 | | 01/25/2008 | |
SITTING WITH THE COURT: Holte, Robert W. |
| 13 | | 01/28/2008 | |
SITTING WITH THE COURT: Riskedahl, Burt L. |
| 14 | | 01/28/2008 | |
Supplemental Clerk's Certificate dated 1-22-08 (Entry Nos. 59 & 60) |
| 15 | | 01/28/2008 | |
SITTING WITH THE COURT: Goodman, Ronald E. |
| 16 | | 03/27/2008 | |
APPEARANCES: Roland C. Riemers; Douglas A. Bahr |
| 17 | | 03/27/2008 | |
ARGUED: Riemers; Bahr |
| 18 | | 03/27/2008 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 06/02/2008 | |
DISPOSITION: AFFIRMED |
| 20 | | 06/02/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 21 | | 06/02/2008 | |
Costs on appeal taxed in favor of appellees |
| 22 | | 06/03/2008 | |
Judgment E-Mailed to Parties |
| 23 | | 06/24/2008 | |
MANDATE |
| 24 | | 06/30/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |