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GEGELMAN v. REIERSGAARD

Civ. No. 9523.

273 N.W.2d 703 (1979)

Anita GEGELMAN, a minor, by and through her father and next friend, Gus Gegelman, Plaintiff and Appellee, v. Lawrence REIERSGAARD and Loretta Reiersgaard, Defendants and Appellants.

Supreme Court of North Dakota.

January 8, 1979.

Attorney(s) appearing for the Case

George T. Dynes of Freed, Dynes, Malloy & Reichert, Dickinson, for plaintiff and appellee.

James D. Geyer of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellants.

VandeWALLE, Justice.

This appeal presents the following issues:

1. Did the defendants make a timely request for a change of venue in accordance with Section 28-04-06, N.D.C.C., when they made the request more than 20 days after the service upon them of the summons and complaint but within the additional time allowed by the plaintiff in which to file their answer?

2. When they requested a change of venue, did the defendants make a prior written demand...

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