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VANTINE PAINT & GLASS CO. OF DICKINSON, INC. v. KUDRNA

Civ. No. 8751.

194 N.W.2d 760 (1972)

VANTINE PAINT & GLASS COMPANY OF DICKINSON, INCORPORATED, Plaintiff and Appellant, v. Laudie KUDRNA, Wesley Ray Foreman, and Montana-Dakota Utilities Co., a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Third-Party Plaintiff and Respondent, v. Alice L. ABERSON, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

February 8, 1972.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellant.

Albert A. Wolf, Bismarck, for defendants and respondents Laudie Kudrna, Wesley Ray Foreman, and Montana-Dakota Utilities Co.

Reichert, Howe & Hardy, Dickinson, for third-party defendant and respondent Alice L. Aberson.

PAULSON, Judge.

This is an appeal from an order of the District Court of Stark County granting the defendants' motion to dismiss plaintiff's claim for relief for lack of a real party in interest. The dismissal was conditioned on the failure of the plaintiff, Vantine Paint & Glass Company of Dickinson, Incorporated [hereinafter Vantine], to join as an additional party plaintiff to the action the Great Northern Insurance...

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