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Industrial Contractors, Inc v. Workforce Safety and Insurance

September 15, 2011

INDUSTRIAL CONTRACTORS, INC.,
APPELLANT
v.
WORKFORCE SAFETY AND INSURANCE, RESPONDENT AND JAMES HIGGINBOTHAM,
APPELLEE



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.

Per curiam.

N.D. Supreme CourtIndustrial Contractors, Inc. v. Workforce Safety & Insurance,

2011 ND 176

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Per Curiam.

[¶1] Industrial Contractors, Inc., ("ICI") appeals from a judgment dismissing its appeal to the district court from a Workforce Safety & Insurance order involving its employee, James Higginbotham. On appeal, ICI argues that the district court erred in dismissing its appeal on the basis of a lack of jurisdiction and erred in denying as moot its motions for change of venue and to amend service or, alternatively, to enlarge the time for service and filing of appeal. We affirm under N.D.R.App.P. 35.1(a)(7). See Basin Elec. Power Coop. v. North Dakota Workers Comp. Bureau, 541 N.W.2d 685 (N.D. 1996) (holding district court lacked subject matter jurisdiction over employer's appeal of Bureau order when appeal was not filed in the district court of the county where the injury occurred or of the county where the claimant resided).

[¶2] Gerald W. VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner

20110915

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