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McKENZIE v. HANSON

Nos. 8269-8271.

143 N.W.2d 697 (1966)

Willie L. McKENZIE and Sanford McKenzie, Plaintiffs and Respondents, v. Bernard HANSON and Gerald Braaten, individually, and d/b/a C & B Body Shop, a partnership, Defendants and Appellants. CENTRAL NATIONAL INSURANCE COMPANY, a corporation, Plaintiff and Respondent, v. Bernard HANSON and Gerald Braaten, individually, and d/b/a C & B Body Shop, a partnership, Defendants and Appellants. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Plaintiff and Respondent, v. Bernard HANSON and Gerald Braaten, individually, and d/b/a C & B Body Shop, a partnership, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 1, 1966.

Attorney(s) appearing for the Case

Ray H. Walton, Williston, for Willis L. McKenzie and Sanford McKenzie, plaintiffs and respondents.

Bjella, Jestrab, Neff & Pippin, Williston, for Central Nat. Ins. Co., a corporation, plaintiff and respondent, and for United States Fidelity & Guaranty Co., plaintiff and respondent.

Michael R. McIntee, Williston, Edwin O. Sjaastad, Bismarck, of counsel, for defendants and appellants.

TEIGEN, Chief Justice.

The three actions above-entitled were consolidated for trial. A jury was waived, and the trial court found for the plaintiffs in each action. Separate judgments were entered, and the defendants have appealed from each, but the appeals were again consolidated for the purposes of briefing and argument in this Court. Trial de novo has been demanded in each appeal.

These actions stem from one fire which consumed the defendants' body shop...

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