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Fighting Sioux nickname ND officials discuss Fighting Sioux lawsuit Bismarck, N.D. (AP) Attorney General Wayne Stenehjem and North Dakota higher education officials are discussing how to respond to a judge's order that bars a change in the University of North Dakota's Fighting Sioux nickname.

Stenehjem said he talked over the issue Thursday with Board of Higher Education president Richie Smith, university system chancellor William Goetz and higher education attorney Pat Seaworth.

Stenehjem would say only that the participants "discussed generally some of the legal positions the state might take." He said he hopes to confer with the full Board of Higher Education at its Nov. 19 meeting in Minot.

A judge has barred the board from changing the Fighting Sioux nickname until a court hearing on Dec. 9.

The hearing was ordered after a group of Spirit Lake Sioux tribal members filed a lawsuit. They say the board must wait until November 2010 for any decision to get rid of the nickname.

FALKIRK MINE-VIOLATION ND regulators toss coal mining complaint BISMARCK, N.D. (AP) North Dakota regulators have dropped a complaint against Falkirk Mining Co. for illegally removing topsoil to build a road.

Public Service Commission inspectors had recommended a $350 fine against Falkirk. On Thursday the commission voted 2-1 to drop the case. Commissioners Kevin Cramer and Brian Kalk said no state mining rules were broken.

Commissioner Tony Clark said mining rules were broken, but he said the company didn't deserve to be fined.

A scraper operator at the Falkirk Mine started removing topsoil last May to build a new road. The land was not included in Falkirk's mining permit.

The mistake was discovered the same day and the land was restored. The required mining permit change was approved in June.

Cramer said the company itself discovered the mistake and corrected it, and he said no punishment is warranted for Falkirk.

BISMARCK HOME DAMAGE Bismarck to help pay damage from water main break BISMARCK, N.D. (AP) A Bismarck home flooded from a summer water main break is getting some help in covering the damage.

The city and the North Dakota Insurance Reserve Fund, which handles claims against local governments, have agreed to chip in $7,500 each, even though NDIRF said the city is not legally required to pay the claim.

A memo given to city commissioners said the July 25 water main break flooded the basement of the home owned by Audrey Wingerter.

Information from: Bismarck Tribune, http://www.bismarcktribune.com DEPUTY INJURED Richland County deputy struck by drunken driver Wahpeton, N.D. (AP) Richland County authorities say a sheriff's deputy was struck by a drunken driver along a road south of Wahpeton and was treated for minor injuries to his arm.

A 21-year-old Wahpeton woman was arrested.

A statement from the sheriff's office and police said the deputy was struck early Wednesday morning when he stopped to investigate a vehicle on the road a mile south of Wahpeton.

Authorities said the woman drove toward the deputy, striking him on the right arm and pushing him back into his patrol car.

The deputy, who was not identified, drove himself to a nearby hospital for treatment.

ELK KILLING Officials investigate illegal elk shooting BISMARCK, N.D. (AP) The state Game and Fish Department says a bull elk was illegally shot south of Woodworth, in Stutsman County.

District game warden James Myhre is investigating. He said the elk is believed to have been shot sometime Saturday morning, just southwest of Woodworth.

CHILD PORN SENTENCE ND man gets 10 years for child porn BISMARCK, N.D. (AP) A southwestern North Dakota man has been sentenced to 10 years in prison for having child pornography on his computer.

The U.S. attorney's office says 34-year-old Jose Breitzman of Dickinson was arrested last year in an undercover operation that was part of a national crackdown on child porn.

Breitzman was sentenced Thursday by federal Judge Daniel Hovland on a charge of possession of material involving the sexual exploitation of minors.

(Copyright 2009 by The Associated Press. All Rights Reserved.) APNP 11-12-09 1600CST | save this article / add to your favorites list