SCHOONOVER v. MORTON CTY.

Civ. No. 9459.

267 N.W.2d 819 (1978)

Albert G. SCHOONOVER and Glen G. Schoonover, d/b/a Schoonover Brothers, Plaintiffs and Appellees, v. MORTON COUNTY, North Dakota, a political subdivision of the State of North Dakota and Edmund T. Bauer, County Auditor of Morton County, Defendants and Appellants, and Clarence West, John Dahl, Mike Schaaf and Charles Engelter, Individually and as County Commissioners of Morton County, and Jake Kautzman, Individually and as a former member of the Board of County Commissioners of Morton County, Defendants and Appellees.

Supreme Court of North Dakota.

July 7, 1978.


Attorney(s) appearing for the Case

Rausch & Rausch, Bismarck, for plaintiffs and appellees; argued by Richard Rausch, Bismarck.

Richard L. Schnell, State's Atty., Mandan, and Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellants; argued by Richard L. Schnell, State's Atty.

Zuger & Bucklin, Bismarck, and Wheeler, Wolf, Wefald & Peterson, Bismarck, for defendants and appellees; argued by Leonard H. Bucklin, Bismarck.


ERICKSTAD, Chief Justice.

This is an appeal by Morton County (hereinafter County) and the County Auditor of Morton County, Edmund T. Bauer, defendants and appellants, from two summary judgments issued by the Morton County District Court. The first summary judgment was in favor of Albert Schoonover and Glen Schoonover, d/b/a Schoonover Brothers (hereinafter Schoonovers), plaintiffs and appellees, and against the County....

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