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  5. 196 N.W.2d 589 (1972)
 

KEMPEL v. STREICH

Civ. Nos. 8743, 8744.

196 N.W.2d 589 (1972)

Daniel KEMPEL, Plaintiff and Respondent, v. Orrin R. STREICH, Defendant and Appellant. Lester SCHWAB, Plaintiff and Respondent, v. Orrin R. STREICH, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearings Denied May 3, 1972.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for plaintiffs and respondents.

Wattam, Vogel, Vogel & Peterson, Fargo, and Kenneth L. Ulland, Lisbon, for defendant and appellant.

HAMILTON E. ENGLERT, District Judge.

These appeals are from the district court orders dated February 26, 1971, granting each plaintiff's motion to strike from the defendant's answer to the amended complaint in each case the defenses of (1) contributory negligence, (2) assumption of risk, and (3) election of remedies.

The pleadings in each action indicate that the plaintiffs, Mr. Kempel and Mr. Schwab, were temporarily employed by the defendant during the process...

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