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VOLK v. VOLK

No. 8024.

121 N.W.2d 701 (1963)

Mike D. VOLK, Plaintiff and Appellant, v. Lawrence VOLK, Margaret Bischoff, Dorothy Lemer and Alvin A. Kramer, Defendants and Respondents.

Supreme Court of North Dakota.

May 10, 1963.

Attorney(s) appearing for the Case

Joseph J. Funke, Minot, for plaintiff and appellant.

Duffy & Haugland, Devils Lake, for Lawrence Volk, Margaret Bischoff and Dorothy Lemer, defendants and respondents.

Joseph C. McIntee, Towner, for defendant and respondent Alvin A. Kramer.

MORRIS, Chief Justice.

This is an appeal from a judgment of dismissal of plaintiff's action entered pursuant to an order for summary judgment dated November 20, 1961, purporting to grant a summary judgment for a dismissal of the action. The judgment recites that:

"* * * the defendants, Lawrence Volk, Margaret Bischoff and Dorothy Lemer having moved the court for summary judgment on the pleadings, and the said matter having been submitted to the court on written...

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