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GEBEKE v. ARTHUR MERCANTILE COMPANY

No. 8289.

138 N.W.2d 796 (1965)

Raymond GEBEKE, Plaintiff and Appellant, v. ARTHUR MERCANTILE COMPANY, Fargo Manufacturing Company, Fargo Grain King Company, Dorothy Burgum, Alton Burgum, and Charles Schields, Defendants and Respondents.

Supreme Court of North Dakota.

December 17, 1965.

Attorney(s) appearing for the Case

Whittlesey, Pancratz & Wold, Fargo, for plaintiff and appellant.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for defendant and respondent Arthur Mercantile Co.

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for defendants and respondents Fargo Mfg. Co., Fargo Grain King Co., Dorothy Burgum, Alton Burgum, and Charles Schields.

STRUTZ, Judge.

The plaintiff appeals from orders of the district court of Cass County granting the defendants' motions for summary judgment under Rule 56, North Dakota Rules of Civil Procedure. All of the defendants have moved to dismiss the plaintiff's appeal to this court.

Rule 56(c) provides, in part:

"* * * Judgment shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that...

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