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  5. 179 N.W.2d 327 (1970)
 

KOISTINEN v. FARMERS UNION OIL COMPANY OF ROLLA

Civ. No. 8653.

179 N.W.2d 327 (1970)

Eldora KOISTINEN, Plaintiff and Appellant, v. FARMERS UNION OIL COMPANY OF ROLLA, Defendant and Respondent.

Supreme Court of North Dakota.

August 28, 1970.

Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for plaintiff and appellant.

Pringle & Herigstad, Minot, for defendant and respondent.

STRUTZ, Judge.

The above-entitled action and two others were commenced against the Farmers Union Oil Company of Rolla, North Dakota. The claims of all plaintiffs in these actions are based upon the same facts and allegations of negligence on the part of the defendant. The cases came on for trial before the court without a jury, and the parties stipulated in open court that the three cases be tried together on the issue of liability alone; and that if the

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