SCHWARZE v. FARM-RITE IMPLEMENT COMPANY

Civ. No. 306.

192 F.Supp. 645 (1960)

William H. SCHWARZE, Plaintiff, v. FARM-RITE IMPLEMENT COMPANY, and Jamar-Olmen Company, Defendants. JAMAR-OLMEN COMPANY, Third-Party-Plaintiff, v. NORTH DAKOTA WORKMEN'S COMPENSATION BUREAU; Owen T. Owen, Otis Bryant, and B. M. Ryan as Workmen's Compensation Bureau Commissioners of the North Dakota Workmen's Compensation Bureau, Third-Party Defendants.

United States District Court D. North Dakota, Northwestern Division.

August 29, 1960.


Attorney(s) appearing for the Case

Richard H. McGee, of McGee & Van Sickle, Minot, N. D., for plaintiff Schwarze.

Herbert L. Meschke, of Ilvedson, Pringle, Herigstad & Meschke, Minot, N. D., for Farm-Rite Implement Co.; E. F. Engebretson, of Cox, Pearce & Engebretson, Bismarck, N. D., for Jamar-Olmen Co.; and Lawrence E. Watson, Bismarck, N. D., Atty. for the Workmen's Compensation Bureau.


REGISTER, Chief Judge.

The within action is before the Court by virtue of an alternative motion filed by the Jamar-Olmen Company, defendant and third-party plaintiff. Movant asks this Court, in the alternative, for a judgment on the pleadings, summary judgment or declaratory judgment. The first two motions, that is, for judgment on the pleadings and for summary judgment, are directed against the plaintiff in the main action; the relief asked by

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