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MITZEL v. SCHATZ

No. 8587.

175 N.W.2d 659 (1970)

Simon MITZEL, Plaintiff and Respondent, v. Kasper SCHATZ, Defendant and Appellant.

Supreme Court of North Dakota.

March 21, 1970.

Attorney(s) appearing for the Case

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for appellant.

Vogel, Bair & Graff, Mandan, for respondent, and Robert Chesrown, Linton.

ERICKSTAD, Judge.

This is the second time this case has been before this court. On the first occasion, procedural questions were determined by decision rendered December 10, 1968, 167 N.W.2d 519.

By summons and complaint dated February 22, 1967, Simon Mitzel initiated an action against Kasper Schatz in which he sought to recover for personal injuries allegedly suffered in an intersectional accident which occurred on November...

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