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ZIMMERMAN v. KITZAN

No. 7257.

56 N.W.2d 208 (1952)

ZIMMERMAN et al. v. KITZAN et al.

Supreme Court of North Dakota.

Rehearing Denied January 8, 1953.

Attorney(s) appearing for the Case

J. K. Murray, Bismarck, for plaintiffs and appellants.

Milton K. Higgins, Bismarck, for defendants and respondents.

PER CURIAM.

Upon a former appeal in this case, 77 N.D. 477, 43 N.W.2d 822, we affirmed an order of the district court granting a new trial. In proceedings in district court after remand, the attorney for defendants moved the court to vacate the order which this court had affirmed. The district court granted the motion and entered an order vacating the order granting a new trial. This appeal is from that order.

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