North Dakota Blue Book 1961
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U:\Judgehovland\Law Clerks\Civil\Motions to Dismiss\Wilkinson V. Sbtwpd.Wpd
Case 4:08-cv-00087-DLH-CSM Document 118 Filed 05/25/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION Peak North Dakota, LLC, a Colorado ) limited liability company; Peak Energy ) Resources, LLC, a Delaware limited ) liability company, Jack Vaughn, Alex ) McLean, and Matt Gray, ) ORDER ) Plaintiffs, ) ) vs. ) Case No. 4:08-cv-087 ) Wilbur Wilkinson, Standing Bear ) Traders, LLC, a North Dakota limited ) liability company, and the Three Affiliated ) Tribes, Fort Berthold District Court, ) ) Defendants. ) _________________________________________________________________________ ) Wilbur Wilkinson, ) ) Third-Party Plaintiff, ) ) vs. ) ) Standing Bear Traders, LLC, ) a North Dakota limited liability company, ) and Margarita Burciaga-Taylor and ) Richard Howell, individually and ) d/b/a Standing Bear Traders, LLC, ) ) Third-Party Defendants. ) Before the Court is Standing Bear Traders, LLC (SBT) and Margarita Burciaga-Taylor’s (Taylor) “Motion to Dismiss Wilkinson’s Third Party Complaint or, Alternatively, to Abstain from Exercising Jurisdiction Over Wilkinson’s Third Party Complaint” filed on January 15, 2010. See Docket No. 83. Third-Party Plaintiff Wilbur Wilkinson (Wilkinson) filed a response in opposition 1 Case 4:08-cv-00087-DLH-CSM Document 118 Filed 05/25/10 Page 2 of 12 to the motion on March 10, 2010. See Docket No. 106. Taylor and SBT filed a reply brief on March 24, 2010. See Docket No. 108. Taylor and SBT filed a supplemental appendix on March 26, 2010. See Docket No. 111. For the reasons set forth below, the motion is granted in part and denied in part. I. BACKGROUND Peak North Dakota, LLC (Peak North) is a limited liability company organized under Colorado law and authorized to do business as a foreign limited liability company in North Dakota. -
Petitioner, V
No. 19-____ IN THE Supreme Court of the United States _______________________ JEFFREY ALAN OLSON, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, Respondent. _______________________ On Petition for a Writ of Certiorari to the Supreme Court of Pennsylvania _______________________ PETITION FOR A WRIT OF CERTIORARI _______________________ DAVID T. LEAKE AMIR H. ALI Counsel of Record MEGHA RAM* LAW OFFICE OF DAVID T. RODERICK & SOLANGE LEAKE MACARTHUR JUSTICE CENTER 130 West Main Street 777 6th Street NW, 11th Fl. Somerset, Pennsylvania 15501 Washington, DC 20001 [email protected] (202) 869-3434 [email protected] Counsel for Petitioner *Admitted only in California; not admitted in D.C. Practicing under the supervision of the Roderick & Solange MacArthur Justice Center. QUESTION PRESENTED Whether this Court’s holding that states may not “impose criminal penalties on the refusal to submit to” a warrantless blood draw, Birchfield v. North Dakota, 136 S. Ct. 2160, 2185 (2016), is substantive and there- fore applies retroactively. (i) ii TABLE OF CONTENTS Page(s) Question Presented .............................................................. i Table of Authorities ............................................................ iii Petition For A Writ Of Certiorari ....................................... 1 Opinions Below .................................................................... 1 Jurisdiction .......................................................................... 1 Statutory And Constitutional Provisions Involved........... -
Laws Passed at Session of the Legislative
718 RESOLUTIONS Be It Further Resolved, That copies of this resolution be transmitted by the Honorable Norman Brunsdale, governor of the state of North Dakota; and by the Honorable Ben Meier, secretary of state of North Dakota; to the Honorable Dwight D. Eisenhower, president of the United States; to the Congress of the United States; to the Honorable Sinclair Weeks, secre tary of the department of commerce; to the Honorable Charles E. Wilson, secretary of defense; to the Honorable C. D. Cur- tiss, chief of administration for the bureau of public roads; to the Honorable Milton R. Young and the Honorable William Langer, United States Senators from North Dakota; to the Honorable Otto Krueger and the Honorable Usher L. Bur- dick, Congressmen from North Dakota. Filed February 23, 1955. HOUSE RESOLUTION No. 10 (Committee on Industry and Business) LEGISLATIVE RESEARCH COMMITTEE STUDY OF MILL STORAGE A resolution commending the Select Committee appointed by the Thirty-third Legislative Session of the House of Representatives, and directing the Legislative Research Committee to study the laws of North Dakota relating to mill storage of grain, and to confer with surrounding states on the problems of mill storage. Whereas, the 1953 session of the house of representatives deemed it advisable to appoint an interim committee to investi gate the practices of mill storage grain and to report their findings to the thirty-fourth session of said house of represen tatives; and ' Whereas, the said committee, at great sacrifice of their time and convenience, have made exhaustive and minute study of said charged practices, the result of which have revealed flagrant violations and misuse of mill storage grain. -
Proceedings of 1961 Annual Meeting of State Bar Association of North Dakota
North Dakota Law Review Volume 37 Number 4 Article 13 1961 Proceedings of 1961 Annual Meeting of State Bar Association of North Dakota North Dakota State Bar Association Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation North Dakota State Bar Association (1961) "Proceedings of 1961 Annual Meeting of State Bar Association of North Dakota," North Dakota Law Review: Vol. 37 : No. 4 , Article 13. Available at: https://commons.und.edu/ndlr/vol37/iss4/13 This Bar Proceeding is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. PROCEEDINGS OF 1961 ANNUAL MEETING OF STATE BAR ASSOCIATION OF NORTH DAKOTA MR. DEGNAN: We'll call to order the first Session of our Sixty-first Annual meeting of the State Bar Association of North Dakota. ADDRESS OF PRESIDENT DEGNAN PRESIDENT DEGNAN: Perhaps the most important, single essential of good Bar Association work is the coopera- tion of each individual member with the officers of your Association in any given year. I should like to go on record here as saying that I have had the cooperation and assistance from every member of this Bar Association during the past year. We have accomplished everything we had set out to do. Next to each individual members, the most important peo- ple are the committee heads. Without them no President or no group of officers could accomplish anything. -
FGM Self Guided Tour
STATE SELF-GUIDED TOUR HISTORICAL SOCIETY of North Dakota Former Governors’ Mansion State Historic Site HISTORY This house was built in 1884 as a private residence for Bismarck businessman Asa Fisher. In 1893 he sold the house for $5,000 to the state for use as the executive mansion. Twenty governors occupied the house until 1960, when a new residence was built on the state capital grounds. The former residence served as office space for the State Health Department until 1975, when the State Historical Society of North Dakota was given the house as a historic house museum. After extensive research and restoration the exterior of The house in 1884 after construction was the house has been returned to its 1893 appearance. The interior of the house completed. was restored to show how the mansion changed over the years; and restoration SHSND2005-P-06-01 features are highlighted, including samples of the more than seventy-five wallpapers that have been noted throughout the house. The south parlor (1) was traditionally used as a formal space for visitors. During the John Burke administration (1907-1912) Main Floor a Steinway grand piano was purchased. 8 It stood for many years in the bay window. In 1928 Governor Sorlie died and his casket 10 lay in this room. The 1910 Steinway grand piano now in the room was purchased The house as it appears today. 7 5 during the second Langer administration 2 (1937-1938). 6 3 1 4 9 First Lady Luella Aandahl (1945-1950) with daughters Marilyn and Margaret, The Briggs family in the north parlor, 1898. -
Proceedings of Seventy-Third Annual Meeting of North Dakota State Bar Association
North Dakota Law Review Volume 50 Number 1 Article 16 1973 Proceedings of Seventy-Third Annual Meeting of North Dakota State Bar Association North Dakota State Bar Association Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation North Dakota State Bar Association (1973) "Proceedings of Seventy-Third Annual Meeting of North Dakota State Bar Association," North Dakota Law Review: Vol. 50 : No. 1 , Article 16. Available at: https://commons.und.edu/ndlr/vol50/iss1/16 This Bar Proceeding is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. PROCEEDINGS OF SEVENTY-THIRD ANNUAL MEETING OF NORTH DAKOTA STATE BAR ASSOCIATION Student Union Dickinson State College Dickinson, North Dakota June 21-22, 1973 (The General Assembly of the Seventy-Third Annual Meeting of the State tsar Association of North Dakota was called to order at 9:15 a. m., Thursday, June 21, 1973, by President Michael R. Mctntee at the Dickinson State College Student Union, Dickinson, North Dakota, as follows:) PRESIDENT McINTEE: The General Assembly of the Integrated Bar of the State of North Dakota is now in order. We are honored this morning to have with us The Reverend Karl Reich of St. John's Episcopal Church of Dickinson to be present with us and togive the invocation. Reverend Reich. (Invocation by Reverend Karl Reich.) PRESIDENT McINTEE: We're also pleased to have with us The Honorable Hank Schank, Mayor of Dickinson, who will give us a word of welcome this morning. -
British Statutes in American Jurisdictions 197
December, 1929 BRITISH STATUITES IN AMERICAN JURISDICTIONS FREDERICKI G. MCKEAN, JR. The abstraction called the Law is a magic mirror wherein we see reflected not only our own lives, but the lives of all men that have been.-Attributed to Mr. Jus- tice Holmes. It has been said that man differs from other animals chiefly in this: that he retains in each generation that which has been handed down by its predecessor,, and, after applying the touchstone of experience, passes it to his successors. This commonplace has been phrased in the folk saying, "Experience is the best teacher", and in the legal aphorism that "the life of the law has been-experi- ence". An outstanding characteristic of the founding of this re- public was the tenacity with which our forefathers clung to their inheritance of the laws which their immigrant ancestors brought into the New World and adapted to the requirements of changed environment. John Adams is credited with the statement that he would not have taken the stand that he did in the War for Inde- pendence, if such action had involved the loss of the common law. Chief Justice Taft says, "We embodied in the Bill of Rights in our Constitution the principles of the British Constitution as they had. been established at the Common Law."' At the threshold of the Revolution the American Continental Congress of 1774, under the presidency of George Washington, adopted this resolution: "Resolved, N. C. D. 5. That the respective colonies are entitled to the common law of England, and more espe- cially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. -
Finding Aid to the Portrait Collection
Photograph Collections Home Finding Aid to the Portrait Collection Portrait Collection Portrait collection, 1870s-2000s. items Collection numbers: Photo P1-P331 Provenance Scope and Content Folder List OVERVIEW Access: The collection is open under the rules and regulations of the NDSU Archives. Provenance: Various donors. Property rights: The NDSU Archives owns the property rights to this collection. Copyrights: The NDSU Archives does not own the copyright. Citation: NDSU Archives, Fargo, N.D. (identification number). PROVENANCE: The Portraits Photograph Collection was developed to bring together individual portraits that have been donated to the Archives. The collection includes many political figures as well as authors, private citizens, and individuals with some association to North Dakota. This listing is not comprehensive as to all portraits found in the Institute photography collections. Researchers should also consult the collections listing and individual finding aids for additional portraiture. SCOPE AND CONTENT Portrait Collection, Photo P1-P316 Page 2 of 10 The individual portraits are listed in alphabetical order by the surname of the subject. FOLDER LIST A Fred G. Aandahl (3) P1 Larry Aasen P308 Chris Albright (1) P2 Roger Allin (1) P3 Elizabeth Preston Anderson (3) P4 Erwin W. Anderson (1) P281 Mark Andrews (3) P5 C. A. Armstrong (1) P6 Donald Arthur (1) P7 Mary Arvold (2) P313 Ben Ash (1) P8 Edith Asheim (1) P9 B Eunice Backen (1) P10 Mrs. S. J. Backer (1) P11 J. D. Bacon (1) P12 Robert H. Bahmer (1) P13 L. R. Baird (1) P14 Berta E. Baker (1) P15 Kendall Baker (1) P16 Ray Baker (2) P17 George Baldwin (3) Folio 84.1 James A. -
The Proposed North Dakota Rules of Civil Procedure
North Dakota Law Review Volume 32 Number 2 Article 2 1956 The Proposed North Dakota Rules of Civil Procedure Charles Liebert Crum Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Crum, Charles Liebert (1956) "The Proposed North Dakota Rules of Civil Procedure," North Dakota Law Review: Vol. 32 : No. 2 , Article 2. Available at: https://commons.und.edu/ndlr/vol32/iss2/2 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. THE PROPOSED NORTH DAKOTA RULES OF CIVIL PROCEDURE CHARLES LIEBERT CRUM* N THE preceding article there appears a plea for the adoption of the proposed North Dakota Rules of Civil Procedure' by one of the nation's most distinguished authorities on pleading and prac- tice. Judge Holtzoff's standing as an expert on the Federal Rules of Civil Procedure- from which the North Dakota Rules have been largely derived- is attested by the fact he is co-author of a work on them which is considered definitive in its field. Undoubtedly it is a work of supererogation to publish two papers on this subject in the same issue of the North Dakota Law Review when one of them bears such distinguished authorship. Nevertheless the subject involved is one of such importance and has aroused so much professional interest that possibly two treat- ments of it are permissible, particularly when the method of analy- sis differs. -
League Wins House; Senate Close
V THE BISMARCK TRIBUNE [ FINAL EDITION | BISMARCK, DAKOTA, THURSDAY, ESTABLISHED 1873 NORTH NOVEMBER 6, 1924 PRICE FIVE CENTS LEAGUE WINS HOUSE; SENATE CLOSE COOLIDGE TO CONTROL NEW CONGRESS SORLIE IS ELECTED, ROLLING HE GOES TO WASHINGTON GOVERNOR UP LEAD STEADILY; TO HAVE REPUBLICANS M’CURDY LEADS MAJORITY IN LOWER HOUSE GAIN HEAVILY HIS OPPONENT Control of Senate in the Legislature Hinges Upon the Result ON DEMOCRATS BY 265 VOTES in Grant County, Where Complete Returns Will be Necessary to Settle the Result of the Elect ion—LaFoll* ette Is Take Seats From Them Many Appears Elected States At- ¦ jl|L Creeping Up on Coolidge’s Lead in the State Re- torney of Burleigh County, turns. Cutting it Down Rapidly Places in the Election of a * -Ji Tuesday For Congress With Few Precincts Out LATEST STATE TOTAL ,: '*"' Fargo, N. I)., Nov. <>.—Returns from 1,715 : ‘-' ':, :: pre- ALSO .HOLD SENATE? B^' 111" m TRIBUNE IS ELECTED cincts out ol 2.1(>() in North Dakota for President Named Official Paper by Ma- If Republicans Take Two of Returns trom 1,702 precincts for Governor give Three Outstanding Con- jority, Which Probably Halvorson 71,480; Sorlie 81,056. tests, They Control Will Be 900 Votes Fargo, Nov. 6. (By the A. P.) When 109 Although a few country precincts members of the new House of Representatives had Washington. Nov. 6 (By the A. P.) been —Ability in Burleigh county had not been re- accounted for this afternoon the League has 60 of the Republican organi- A. G. SORLIE zation to control the new Congress ported this afternoon, the increased members and the Independents 49. -
History of the United States District Court for the Northern District of Iowa 1882-2020
HISTORY OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA 1882-2020 PREFACE The Northern District of Iowa Historical Society, a branch of the Eighth Circuit Historical Society, was formed in 1999 and remains an active branch today. The Historical Society is comprised of judges, court staff, and attorneys admitted to the bar and practicing in the Northern District of Iowa. The Historical Society’s mission is to collect and preserve historical information, data, documents, artwork, writings, artifacts, and exhibits pertaining to the United States District Court for the Northern District of Iowa. In 1987, the Northern District of Iowa Historical Society published the History of the United States District Court for the Northern District of Iowa, 1882-1987. The book was written to honor the Nation’s bicentennial anniversary and to provide the public with an overview of the development of the Northern District of Iowa. Using the first edition as a basis, and adding records and recollections from current and former judges, the History of the United States District Court for the Northern District of Iowa, 1882-2000 was published in April 2003. Working from the prior versions, and with assistance, records, and recollections from judges and court agencies, the history book has been updated through 2020. Notable changes include a chapter on the historic 2008 Cedar Rapids Flood, inclusion of agencies such as the United States Marshals Service and United States Attorney’s Office, a section on the Iowa Civil Bar, and more in-depth historical information on the structures that have housed the Court. -
Proceedings of the Annual Meeting of the State Bar Association of North Dakota
North Dakota Law Review Volume 35 Number 4 Article 2 1959 Proceedings of the Annual Meeting of the State Bar Association of North Dakota North Dakota State Bar Association Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation North Dakota State Bar Association (1959) "Proceedings of the Annual Meeting of the State Bar Association of North Dakota," North Dakota Law Review: Vol. 35 : No. 4 , Article 2. Available at: https://commons.und.edu/ndlr/vol35/iss4/2 This Bar Proceeding is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. NORTH DAKOTA LAW REVIEW [VOL. 35 Proceedings of the Annual Meeting of the State Bar Association of North Dakota MORNING SESSION, JUNE 25, 1959 PRESIDENT BJELLA: Gentlemen, the 59th annual meeting of the State Bar Association of North Dakota is now in session. I wish now to make some appointments relative to two commit- tees that will function during this annual meeting. The first com- mittee is the Committee on Resolutions, and I am going to appoint as chairman, John Stormon. Harold Shaft and Elver Pearson will serve with him on the Resolution Committee and will make their report tomorrow morning at the business session. On the Auditing Committee, I have appointed H. A. Mackoff as chairman and he will be assisted by Mack Traynor and Roy Ployhar.