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Published September 14, 2011, 09:46 PM

ND Attorney General Seeking Dismissal of UND Students' Nickname Lawsuit

GRAND FORKS (WDAZ-TV) - North Dakota Attorney General Wayne Stenehjem's office has filed a motion asking the Federal Court to dismiss a suit by eight current and former UND students over the Fighting Sioux nickname and logo.

GRAND FORKS (WDAZ-TV) - North Dakota Attorney General Wayne Stenehjem's office has filed a motion asking the Federal Court to dismiss a suit by eight current and former UND students over the Fighting Sioux nickname and logo.

The students allege the state law requiring the school to keep the nickname violates the state constitution and reverses a court-ordered settlement between UND and the NCAA that retired the logo.

In the motion to dismiss, the Attorney General's office says the settlement with the NCAA does not require the nickname and logo to be retired, but only specifies the penalties that will ensue if the nickname were to remain.

The motion also says that only the Higher Ed Board itself would have standing to claim the state law infringes on the constitutional rights of the Board of Higher Education.

In any event, it's widely expected that lawmakers will repeal the law in question when they meet in special session on November 7, and clear the way for UND to retire the nickname and logo.

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