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HINS v. HEER

Civ. No. 9343.

259 N.W.2d 38 (1977)

Marlo HINS, Plaintiff/Appellant, v. Robert HEER, Defendant/Appellee, and Aid Insurance Company, Garnishee/Appellee.

Supreme Court of North Dakota.

October 11, 1977.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for plaintiff and appellant; argued by Irvin B. Nodland, Bismarck.

Fleck, Mather, Strutz & Mayer, Ltd., Bismarck, for garnishee and appellee; argued by Warren H. Albrecht, Jr., Bismarck.

PAULSON, Justice.

This is an appeal from the judgment of the district court of Burleigh County dated January 25, 1977, dismissing the plaintiff's garnishment action with prejudice. Plaintiff, Marlo Hins, appeals, contending that the trial court erred in its finding that the garnishee, Aid Insurance Company, is not liable to pay a judgment debt owed by the defendant, Robert Heer, by reason of a homeowner's insurance policy issued by Heer.

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