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WILLIAM CLAIRMONT v. BURLINGTON NORTHERN

Civ. No. 9071.

229 N.W.2d 77 (1975)

WILLIAM CLAIRMONT, INC., Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., Defendant-Appellant.

Supreme Court of North Dakota.

April 24, 1975.

Attorney(s) appearing for the Case

Conmy, Feste & Bossart, Ltd., Fargo, for defendant-appellant, argued by E. T. Conmy, Jr., Fargo.

Richard P. Rausch, Bismarck, for plaintiff-appellee.

PEDERSON, Justice.

CASE SUMMARY

This is an appeal by the defendant, Burlington Northern, Inc., from the whole of a "Judgment on Vacation" entered by the district court of Burleigh County, granting Burlington Northern's motion, under Rule 60(b), N.D.R.Civ.P., for relief from a judgment previously entered in the absence of Burlington Northern. Neither the merits of Clairmont's claim (because there is no judgment on the merits) nor the merits of Burlington...

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