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MILLS v. AGRICHEMICAL AVIATION, INC.

Civ. No. 9260.

250 N.W.2d 663 (1977)

Dennis MILLS and David Mills, Plaintiffs, v. AGRICHEMICAL AVIATION, INC., and Gene Engel, Defendants. Walter SMALL, Defendant, Third-Party Plaintiff and Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

As Amended January 27, 1977.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for third-party defendant and appellant; argued by A. Wm. Lucas, Bismarck.

Sperry & Schultz, Bismarck, for defendant, third-party plaintiff and appellee; argued by Alfred C. Schultz, Bismarck.

PEDERSON, Justice.

This is an appeal from a judgment by the Burleigh County District Court in a case tried to the court without a jury. Rule 52(a), North Dakota Rules of Civil Procedure, applies insofar as findings of fact are concerned. The appellant is the St. Paul Fire and Marine Insurance Company, a third-party defendant, and the appellee is the third-party plaintiff, Walter Small. The judgment appealed from is based...

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