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WAGENER, INC. v. WILLIAM CLAIRMONT, INC.

Civ. No. 8925.

211 N.W.2d 751 (1973)

L. H. WAGENER, INC., and Security Trust and Savings Bank, a corporation, Plaintiffs and Appellees, v. WILLIAM CLAIRMONT, INC., Defendant and Appellant, Tasco, Inc., Defendant, National Surety Corporation, Defendant and Appellant, and Ardell Smith, Defendant.

Supreme Court of North Dakota.

Rehearing Denied October 23, 1973.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for defendants and appellants.

Burke, Hodny & Burke, Grafton, for plaintiffs and appellees.

TEIGEN, Justice.

This is a motion to dismiss an appeal from part of a judgment. The appeal was taken by two of the four defendants, namely, William Clairmont, Inc. (hereinafter Clairmont) and National Surety Corporation, from that portion of the judgment adverse to them. The two defendants, Ardell Smith and Tasco, Inc., have not appealed although it appears that the judgment is also adverse to them.

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