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FIRE ASS'N OF PHILADELPHIA v. VANTINE PAINT & GLASS CO.

No. 8204.

133 N.W.2d 426 (1965)

FIRE ASSOCIATION OF PHILADELPHIA et al., Plaintiffs and Appellants, v. VANTINE PAINT AND GLASS COMPANY OF BISMARCK, a corporation, et al., Defendants and Respondents.

Supreme Court of North Dakota.

February 17, 1965.

Attorney(s) appearing for the Case

Robins, Davis & Lyons, Minneapolis, Minn., and Frederick E. Saefke, Jr., Bismarck, for plaintiffs and appellants.

Cox, Pearce, Engebretson, Murray & Anderson, Bismarck, and Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendants and respondents.

SCHNELLER, District Judge.

This is an appeal from a judgment of dismissal of plaintiffs' cause of action rendered pursuant to a motion for summary judgment made by all the defendants except Vantine Paint and Glass Company of Mandan, North Dakota, and Elmer Huber.

The complaint of the plaintiffs in substance alleges that the defendants Glenn C. Vantine, Jack D. Vantine, and their father John C. Vantine, for more than twenty years prior to January 30, 1959,...

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