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CROWN CORK & SEAL CO. v. BARNES

Civ. No. 8414.

153 N.W.2d 89 (1967)

CROWN CORK & SEAL CO., a Corporation, Plaintiff and Respondent, v. John F. BARNES and State Bonding Fund, an Agency of the State of North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

September 19, 1967.

Attorney(s) appearing for the Case

Shaft, Benson, Shaft & McConn, Grand Forks, for plaintiff and respondent.

Thompson, Lundberg & Nodland, Bismarck, for defendant and appellant John F. Barnes.

Helgi Johanneson, Atty. Gen., and Paul M. Sand, Asst. Atty. Gen., Bismarck, for defendant and appellant State Bonding Fund.

STRUTZ, Chief Justice.

The plaintiff brings this action against the defendant Barnes, sheriff of Burleigh County, and against the State Bonding Fund as surety on his official bond, to recover damages it claims to have suffered by reason of the failure of the sheriff to return an execution issued on a certain judgment in favor of the plaintiff and against the Dakota Malting and Brewing Company, within sixty days as required by law. The action was tried by the trial...

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