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N.D. Aeronautics director to appear Tuesday on theft charge

BISMARCK - The director of North Dakota's Aeronautics Commission is due in court Tuesday on a theft charge. Gary Ness is accused of picking up an envelope with $1,770 in it at a Bismarck gas station last week. A woman says she left the envelope b...

BISMARCK - The director of North Dakota's Aeronautics Commission is due in court Tuesday on a theft charge.

Gary Ness is accused of picking up an envelope with $1,770 in it at a Bismarck gas station last week. A woman says she left the envelope by accident. Police say Ness noticed the envelope, put a newspaper over it and took it.

Ness was to have his initial appearance in South Central District Court in Bismarck on Monday. But the two available judges -- Gail Hagerty and Robert Wefald -- both disqualified themselves from the case.

Burleigh County prosecutor Lloyd Suhr says Ness' first appearance will be at 9:30 a.m. Tuesday before Judge Donald Jorgensen.

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