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SHERMOEN v. LINDSAY

Civ. No. 8478.

163 N.W.2d 738 (1968)

Scott SHERMOEN, by and through his next friend, parent, and natural guardian, Dorothy Shermoen, Plaintiff and Appellant, v. Fred C. LINDSAY; the Park District of the City of Fargo, North Dakota; and Western Casualty and Surety Company, a corporation, Defendants and Respondents.

Supreme Court of North Dakota.

December 30, 1968.

Attorney(s) appearing for the Case

Lanier, Knox & Shermoen, Fargo, attorneys for the plaintiff and appellant.

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for defendants and respondents, Park District of City of Fargo, N.D., and Western Casualty and Surety Co.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendant and respondent, Fred C. Lindsay.

RAY R. FRIEDERICH, District Judge.

This is an appeal from two orders entered preliminary to trial by the District Court of Cass County. The first order granted a defense motion to strike certain allegations in the Plaintiff's Complaint, and the second dismissed the Complaint as to one of the defendants named in the action.

The facts for purposes of this appeal have, in part, been stipulated to by the parties through...

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