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ROSENBERG v. NORTH DAKOTA HOSPITAL SERVICE ASS'N

No. 8207.

136 N.W.2d 128 (1965)

Max D. ROSENBERG, Plaintiff and Respondent, v. NORTH DAKOTA HOSPITAL SERVICE ASSOCIATION and North Dakota Physicians Service, Defendants and Appellants.

Supreme Court of North Dakota.

July 2, 1965.

Attorney(s) appearing for the Case

Conmy & Conmy, Bismarck [A. William Lucas, Bismarck, on oral argument], for plaintiff and respondent.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendant and appellant, North Dakota Physicians Service.

Nilles, Oehlert & Nilles, Fargo, for defendant and appellant, North Dakota Hospital Service Ass'n.

KNUDSON, Judge.

The defendants appeal from the judgment of the county court with increased jurisdiction for the county of Burleigh and State of North Dakota in favor of the plaintiff for hospitalization and medical benefits under contracts with the defendants, and demand a trial de novo in this court. The case was tried by the court without a jury.

The plaintiff had surgery for gallstones on October 22, 1962, and claims for hospital and medical services under...

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