VIALL v. TRIANGLE ELECTRIC, INC.

Civ. No. 8859.

204 N.W.2d 390 (1973)

Lee R. VIALL and Robert Viall, Plaintiffs and Appellants, v. TRIANGLE ELECTRIC, INC., et al., Defendants and Respondents.

Supreme Court of North Dakota.

February 16, 1973.


Attorney(s) appearing for the Case

Anseth & Rustad, Williston, for plaintiffs and appellants.

McIntee & Whisenand, Williston, for defendants and respondents.


TEIGEN, Judge.

The respondents have moved to dismiss an appeal from a summary judgment on the ground of delay in the prosecution of the appeal.

The chronology of salient events appears as follows: Summary judgment dismissing the appellants' complaint was entered on April 27, 1972, and a notice of appeal, cost bond and specifications of error were timely served and filed on May 19, 1972. No further steps were taken by the appellants until September 8, 1972...

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