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BARTELS v. CITY OF WILLISTON

Civ. No. 9547.

276 N.W.2d 113 (1979)

John Mark BARTELS, Plaintiff, v. CITY OF WILLISTON, Defendant and Third Party Plaintiff, v. Donald HACKNEY, Third Party Defendant.

Supreme Court of North Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for plaintiff; argued by Stephen W. Plambeck, Fargo.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and third party plaintiff; argued by Thomas A. Mayer, Bismarck.

Zuger & Bucklin, Bismarck, for third party defendant; argued by William P. Zuger, Bismarck.

SAND, Justice.

The issues under consideration herein were presented in the form of certified questions involving and pertaining to the North Dakota Contribution Among Tort-Feasors Act, Chapter 32-38, North Dakota Century Code, and the comparative negligence act, § 9-10-07, NDCC. The facts are not in dispute.

On 11 March 1977, about 2:30 a. m., John Mark Bartels (plaintiff), a passenger in a 1976 Jeep Cherokee...

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