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FALKENSTEIN v. CITY OF BISMARCK

Civ. No. 9469.

268 N.W.2d 787 (1978)

Leslie FALKENSTEIN, Individually, and as Administrator of the Estate of Kevin Wayne Falkenstein, Plaintiff and Appellee, v. CITY OF BISMARCK and Richard Peck, Defendants and Appellants.

Supreme Court of North Dakota.

As Corrected August 10, 1978.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiff and appellee; argued by John D. Kelly, Fargo.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellants; argued by Thomas A. Mayer, Bismarck.

PEDERSON, Justice.

Kevin Falkenstein was born and raised at Wilton. While attending school in Wilton, he actively participated in athletics and was an excellent scholar. For three years and one quarter at North Dakota State University he studied game management and agriculture, maintaining a "B" average. At the end of the 1974 fall quarter he left NDSU to work and to make plans for his future. At age 21, in a tragic episode occurring in the early morning hours of...

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