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LOHNES v. CLOUD

Civ. No. 9256.

254 N.W.2d 430 (1977)

David LOHNES, Jr., by his Guardian ad Litem, Ruth Ann Lohnes, Plaintiff and Appellant, v. Aloysius CLOUD, Defendant and Appellee.

Supreme Court of North Dakota.

As Corrected July 11 and 12, 1977.

Attorney(s) appearing for the Case

Foughty, Christianson & Thompson, Devils Lake, for plaintiff and appellant; argued by Neil Thompson, Devils Lake.

Thomas W. Robb, Asst. Atty. Gen., Bismarck, for defendant and appellee.

SAND, Justice.

This appeal was taken from an order of the Ramsey County district court, second judicial district, dismissing the plaintiff's petition for payment from the Unsatisfied Judgment Fund on a tribal court judgment.

On 23 October 1971, while walking along a highway on the Fort Totten Indian Reservation, plaintiff David Lohnes was struck by a car driven by Aloysius Cloud. Both Lohnes and Cloud were enrolled members of the Fort Totten Reservation. Lohnes...

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