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WILLOW CITY FARMERS ELEVATOR v. THOMPSON

Civ. No. 9416.

261 N.W.2d 381 (1977)

WILLOW CITY FARMERS ELEVATOR, Plaintiff and Appellee, v. Hayden THOMPSON, Defendant and Third-Party Plaintiff and Appellant, v. PIONEER STATE BANK, Roger B. West, Receiver and Trustee of the Pioneer State Bank, and State Bank of Towner, Third-Party Defendant (Not Parties to Appeal).

Supreme Court of North Dakota.

December 19, 1977.

Attorney(s) appearing for the Case

Richard P. Olson of Pringle & Herigstad, Minot, for plaintiff and appellee, on briefs.

Kermit Edward Bye, Fargo, on Stipulation for Hayden Thompson.

SAND, Justice.

The motion to dismiss the appeal was presented on briefs in this case without oral argument.

Hayden Thompson, the defendant and third-party plaintiff, appealed from a summary judgment against himself dated 5 May 1977 awarding $30,814.35 to Willow City Farmers Elevator. The appeal was filed with the district clerk of court on 16 May 1977.

Willow City Farmers Elevator, on 14 November 1977, filed a motion with this Court pursuant to North...

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