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BJERKEN v. AMES SAND AND GRAVEL COMPANY

Civ. No. 8829.

206 N.W.2d 884 (1973)

Alvin C. BJERKEN et al., Plaintiffs and Appellants, v. AMES SAND AND GRAVEL COMPANY, INC., and Schultz & Lindsay Construction Co., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied April 19, 1973.

Attorney(s) appearing for the Case

Solberg & Stewart, Fargo, for plaintiffs and appellants.

Dosland, Dosland & Nordhougen, Moorhead, Minn., for defendant and respondent Ames Sand and Gravel Co., Inc.

Huseby & Backes, Fargo, for defendant and respondent Ames Sand and Gravel Co., Inc.

Lanier, Knox & Olson, Fargo, for defendant and respondent Schultz & Lindsay Construction Co.

TEIGEN, Judge.

This is the sequel to Bjerken v. Ames Sand and Gravel Company, 189 N.W.2d 366 (N.D.1971). All of the issues except one were settled in that appeal. We reversed the judgment of the trial court and remanded the case with instructions to the trial court "to determine the amount due the Bjerkens by the defendants Schultz & Lindsay Company and Ames Sand and Gravel Company...

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