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SOUTH v. NAT. R. R. PASSENGER CORP. (AMTRAK)

Civ. No. 9334.

260 N.W.2d 212 (1977)

Billy Lee SOUTH and Delores South, husband and wife, Plaintiffs and Appellants, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Burlington Northern Railroad, Inc., City of Larimore, County of Grand Forks, and State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

October 3, 1977.

Attorney(s) appearing for the Case

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for City of Larimore, argued by Gerald J. Haga, Grand Forks.

Kelsch, Kelsch & Tudor, Bismarck, for State of N. D., argued by William C. Kelsch, Bismarck.

Davies, Pearson, Anderson, Seinfeld, Gadbow, Hayes & Johnson, Tacoma, Wash., for plaintiffs and appellants, argued by Alvin A. Anderson, Tacoma, Wash., who was given special permission by the Court to argue this case.

SAND, Justice.

This case concerns two motions to dismiss appeals. The State of North Dakota and the City of Larimore, appellees, separately moved, pursuant to Rule 31(c) of the North Dakota Rules of Appellate Procedure, to dismiss the appeal taken by Billy Lee South and Delores South, husband and wife (hereafter South), on the ground that South failed to file the briefs within the time required by Rule 31(a), NDRAppP.

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