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DOLAJAK v. STATE AUTO. & CAS. UNDERWRITERS

Civ. No. 9286.

252 N.W.2d 180 (1977)

Mike DOLAJAK and Dolajak Manufacturing and Ironworks, Inc., a corporation, Plaintiffs and Appellants, v. STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, a corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied April 25, 1977.

Attorney(s) appearing for the Case

Freed, Dynes, Malloy & Reichert, P. C., Dickinson, for plaintiffs and appellants; argued by George T. Dynes, Dickinson.

Mackoff, Kellogg, Kirby & Kloster, P. C., Dickinson, for defendant and appellee; argued by Ward M. Kirby, Dickinson.

SAND, Justice.

Dolajak, plaintiff and appellant, appealed from a summary judgment issued by the district court, Stark County, sixth judicial district, in favor of defendant and appellee, State Automobile and Casualty Underwriters.

A brief resume of the factual background will be helpful to understand the present appeal.

The Dolajaks had contracted with Gary Bos and Steven Bos to erect a used silo for them...

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