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DANKS v. HOLLAND

Civ. No. 9231.

246 N.W.2d 86 (1976)

Keith D. DANKS, Plaintiff and Appellee, v. William J. HOLLAND, Defendant, Third-Party Plaintiff, and Appellant, v. RED RIVER TRANSFER & STORAGE, INC., a corporation, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

September 29, 1976.

Attorney(s) appearing for the Case

Steven C. Lian, of Farhart, Rasmuson, Olson & Lian, Minot, for plaintiff and appellee and third-party defendant and appellee.

Richard P. Olson, of Pringle & Herigstad, Minot, for defendant, third-party plaintiff, and appellant.

VOGEL, Justice.

The principal issues before us on this appeal relate to the dismissal of a third-party complaint by the trial court, the propriety of an order of the trial court denying an order to compel discovery, whether a judgment entered without prejudice is appealable, and whether the appeal is frivolous. We hold in favor of appealability and against frivolity, and affirm the judgment.

Keith D. Danks, the plaintiff, is the principal owner and chief executive...

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