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E. E. BACH MILLWORK CO. v. MEISNER AND CO.

No. 9070.

228 N.W.2d 904 (1975)

E. E. BACH MILLWORK COMPANY, Plaintiff-Appellant, v. MEISNER AND COMPANY, Defendant-Appellee.

Supreme Court of North Dakota.

April 24, 1975.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for plaintiff-appellant.

Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, for defendant-appellee, argued by Harold L. Anderson, Bismarck.

SAND, Judge.

This is an appeal from a judgment of dismissal granted pursuant to Rule 41(b), North Dakota Rules of Civil Procedure, and entered against the plaintiff-appellant E. E. Bach Millwork Company for the reasons that appellant was not a real party in interest as contemplated by subsections (a) and (c) of Rule 17, N.D.R.Civ.P.; that appellant had failed in its proofs on a motion for substitution under Rule 25(c), N.D.R.Civ.P.; and, that the appellant, having...

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