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BARTELS v. CITY OF WILLISTON

No. 79-1941.

629 F.2d 509 (1980)

Gayle Jeane BARTELS, as personal representative of the Estate of John Mark Bartels, Deceased, Appellant, v. CITY OF WILLISTON, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1980.

Rehearing and Rehearing Denied August 11, 1980.

Attorney(s) appearing for the Case

John E. Rowell, Dosland, Dosland & Nordhougen, Moorhead, Minn. (argued), and J. P. Dosland, Moorhead, Minn., on brief, for appellant.

Thomas A. Mayer, Fleck, Mather, Strutz & Mayer, Bismarck, N. D. (argued), and Jane Fleck Romanov, Bismarck, N. D., on brief, for appellee.

Before LAY, Chief Judge, ROSS, Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 11, 1980.

LARSON, Senior District Judge.

In this diversity action plaintiff Gayle Jeane Bartels1 appeals from an Order of the United States District Court, District of North Dakota,2 denying plaintiff's motion for a new trial, which followed a jury verdict for the defendant City of Williston. At approximately 2:45 a. m. on the morning of March 11, 1977,...

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