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BISMARCK BAPTIST CHURCH v. WIEDEMANN INDUS., INC.

Civ. No. 8723.

201 N.W.2d 434 (1972)

BISMARCK BAPTIST CHURCH and Church Mutual Insurance Company, Plaintiffs and Appellants, v. WIEDEMANN INDUSTRIES, INC., et al., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied November 1, 1972.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, for plaintiff and appellant Bismarck Baptist Church.

Frederick E. Saefke, Jr., Bismarck, for plaintiff and appellant Church Mutual Insurance Co.

Pearce, Engebretson, Anderson, Schmidt & Thames, Bismarck, for defendant and respondent Wiedemann Industries, Inc.

Zuger, Bucklin, Kelsch & Zuger, Bismarck, for defendant and respondent Honeywell, Inc.

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for defendants and appellants Froeschle Sons, Inc., and Hulm Electric, Inc.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and respondent Froeschle Sons, Inc.

STRUTZ, Chief Justice, on reassignment.

This action was brought by the plaintiff to recover damages to its new church caused by a fire which damaged the baptistry and an area surrounding it. Whenever the word "plaintiff" is used in this opinion, it refers to the plaintiff church, and not to the insurance company which later was joined as a plaintiff by motion.

At the time of the fire, which occurred in the early morning of January 17, 1967, the building had...

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