Latest North Dakota news, sports, business and entertainment:

RACING SERVICES-APPEAL Bala's attorney surprised, prosecutor not, at appeals ruling Fargo, N.D. (AP) Susan Bala's attorney says he's surprised that a federal appeals court ruled against her attempt to sue state and federal prosecutors for wrongful imprisonment.

Bruce Schoenwald said he may request a hearing before the entire 8th Circuit Court.

Bala had served 523 days in prison for running an illegal gambling business when an appeals court reversed her conviction.

Bala said later that federal Judge Ralph Erickson should have issued her a so-called certificate of innocence, which is required for legal action against the government.

In its ruling, a three-judge appeals court panel rejected that claim.

U-S attorney Drew Wrigley says he's not surprised by the ruling.

He says Judge Erickson followed the law in refusing to issue an order of innocence. Wrigley said, "The reason he didn't issue that order is that she's not actually innocent." The appeals court said the decision to overturn Bala's sentence was not based on her innocence but on a lack of evidence to support the federal charges.

FIGHTING MEN-DEAD TODDLER 2 men fight at church, toddler injured and dies FARGO, N.D. (AP) Authorities a 14-month-old girl has died in a Fargo hospital after two men fought at a western Minnesota church.

The Traverse County sheriff's office has released few details about the incident at Thy Kingdom Come Church in wheaton, which is about 80 miles south of Moorhead.

Authorities issued a statement saying the girl was injured Thursday night and taken to Wheaton Community Hospital. She was then airlifted to MeritCare in Fargo, where she died.

Police arrested two men at the church Thursday night on assault charges.

Investigators are not discussing the girl's injuries or whether weapons were involved in the fight.

And they have not released the names of those involved.

The Ramsey County Medical Examiner in St. Paul is conducting an autopsy.

Information from: KFGO-AM Fargo, www.kfgo.com BASE TRANSPORTER-RECOVERY Missile parts from overturned vehicle recovered Bismarck, N.D. (AP) The Air Force says it has recovered intercontinental ballistic missile parts from an overturned semitrailer that crashed in northwestern North Dakota.

Air Force spokeswoman Laurie A. Arellano says the missile parts were transported to the Minot Air Force Base on Friday. The truck from base's 91st Missile Wing overturned Monday afternoon on a gravel road about 10 miles northwest of Berthold in Mountrail County.

The military says the shipment contained no nuclear material.

Arellano says the cause of the crash is under investigation.

West Nile ND reports season's 1st state West Nile virus case BISMARCK, N.D. (AP) A state Health Department official says this year's first confirmed human case of the West Nile virus in North Dakota may be later than usual because of cool weather.

Michelle Feist is the department's West Nile virus surveillance coordinator. She says the case reported Friday is a Burleigh County man in his 50s. He was not hospitalized.

Last year, the state reported 37 human West Nile virus cases, with a peak in mid-August.

Feist says the mosquito-borne virus is more likely to spread in warmer weather but the state has cases as late as October, until the first hard frost, and people still should protect themselves from mosquito bites.

She says the number of cases has varied dramatically, from 17 in 2002 to 617 in 2003.

CHILD NEGLECT SENTENCES Couple charged with child neglect to get probation FARGO, N.D. (AP) A Fargo couple charged with felony child neglect after authorities say they found unsanitary and unsafe living conditions in the family's home will get two years of supervised probation under terms of a plea agreement.

Aimee Schroeder and Jeremy Draper pleaded guilty to child neglect charges under the deal with prosecutors that also requires them to follow any recommendations made by Cass County social workers.

Police say that during a visit to the couple's mobile home in June they found garbage and animal feces and that the three youngest of the four children wore overflowing diapers. Officers said the odor made it difficult to breathe.

The couple were facing up to five years in prison.

Information from: The Forum, http://www.in-forum.com OBAMA SPEECH-SUPERINTENDENTS Superintendents say parents can opt out of speech FARGO, N.D. (AP) Teachers in the Fargo public schools have been given the option of showing a live speech from President Barack Obama next Tuesday. District spokesman Lowell Wolff says the teachers have been told that if the speech fits with their schedule and curriculum, they're free to show it.

Wolff says he's had calls from people who don't think the speech should be shown in school. One parent said schools should not endorse a political message.

Obama plans to speak directly to students at noon Tuesday about working hard and staying in school. School districts are not required to show the speech. Republican critics call it an attempt to push a political agenda.

Mandan Superintendent Wilfred Volesky and Bismarck Superintendent Paul Johnson say callers have asked if it's a good use of school time. They're also giving teachers the option of showing it, and they say students will be allowed to opt out.

Information from: KFGO-AM, http://kfgo.com; KXMB-TV, http://www.kxnet.com TEACHER CONTRACTS Many ND teacher contracts not settled FARGO, N.D. (AP) A representative of the North Dakota education Association says an unusually large number of school districts in the state have not yet settled contracts with teachers.

Jane Rupprecht is an eastern North Dakota representative for NDEA in Fargo. She said a record 11 districts have gone to impasse, including Grand Forks.

Rupprecht said the issues generally are about money, and in some districts, teachers are going back to school without signed contracts.

In districts that have settled, teachers' raises are averaging about 5 percent. Rupprecht said some raises are more than that because of a state mandate that 70 percent of the new money to school districts go toward teacher salaries.

Information from: KCND-FM, http://www.prairiepublic.org (Copyright 2009 by The Associated Press. All Rights Reserved.) APNP 09-05-09 0201CDT | save this article / add to your favorites list