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CITY OF WAHPETON v. DRAKE-HENNE, INC.

Civ. No. 9067.

228 N.W.2d 324 (1975)

CITY OF WAHPETON, North Dakota, a Municipal Corporation, Plaintiff and Appellee, v. DRAKE-HENNE, INC., a corporation, et al., Defendants and Appellants.

Supreme Court of North Dakota.

April 2, 1975.

Attorney(s) appearing for the Case

Johnson, Milloy, Eckert & Johnson, Wahpeton, and Bruce E. Bohlman, Grand Forks, for plaintiff and appellee, argued by Robert L. Eckert and Mr. Bohlman.

Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minn., and Vogel, Vogel, Brantner & Kelly, Fargo, for defendants and appellants Johnson, Drake & Piper, Inc., and Drake-Henne, Inc., argued by Jan Stuurmans, Minneapolis.

Degnan, McElroy, Lamb, Camrud & Maddock, Grand Forks, for defendant and appellant American Casualty Co., argued by James L. Lamb.

VOGEL, Justice.

This is an appeal from an order of the district court of Richland County denying the motion of the defendants under Rule 60(b), North Dakota Rules of Civil Procedure, to vacate a judgment against the defendants and grant a new trial on the issue of damages.

The judgment in question was entered pursuant to the majority opinion in a previous appeal reported at 215 N.W.2d 897 (N.D.1974).

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