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ST. ALEXIUS HOSPITAL v. ECKERT

Civ. No. 9638.

284 N.W.2d 441 (1979)

ST. ALEXIUS HOSPITAL, a Nonprofit Corporation, Plaintiff and Appellee, v. Richard ECKERT, Defendant, Third-Party Plaintiff, and Appellee, v. BLUE CROSS OF NORTH DAKOTA, Third-Party Defendant, Third-Party Plaintiff, and Appellant, v. MILBANK MUTUAL INSURANCE COMPANY, a Foreign Corporation, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

October 11, 1979.

Attorney(s) appearing for the Case

Myron H. Atkinson, Jr., Bismarck, for plaintiff and appellee St. Alexius Hospital; no appearance.

Charles L. Chapman, of Chapman & Chapman, Bismarck, for defendant, third-party plaintiff, and appellee Richard Eckert.

Stephen W. Plambeck for Timothy Q. Davies and Sarah Andrews Herman, of Nilles, Hansen, Selbo, Magill & Davies, Fargo, for third-party defendant as to Eckert, third-party plaintiff as to Milbank Mutual Insurance Company, and appellant Blue Cross of North Dakota.

B. Timothy Durick, of Pearce, Anderson, Thames & Durick, Bismarck, for third-party defendant and appellee Milbank Mutual Insurance Company.

VANDE WALLE, Justice.

Blue Cross of North Dakota appeals from a judgment of the Burleigh County district court entered February 26, 1979, on behalf of St. Alexius Hospital [hereinafter "Hospital"], Richard Eckert, and Milbank Mutual Insurance Company [hereinafter "Milbank"]. We affirm.

The facts of this case are not in dispute. The district court made its determination, without a jury, based upon a stipulation of facts entered into by the parties.

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