SPENCE v. NORTH DAKOTA DIST. COURT

Civ. No. 9751.

292 N.W.2d 53 (1980)

Cecil SPENCE and Shirley Spence, Petitioners, v. NORTH DAKOTA DISTRICT COURT, Burleigh County, South Central Judicial District, and Dennis A. Schneider, Judge of District Court for the South Central Judicial District, acting pursuant to appointment by Order of the Supreme Court, Respondents.

Supreme Court of North Dakota.

April 21, 1980.


Attorney(s) appearing for the Case

Kapsner & Kapsner, Bismarck, for petitioners; argued by Michael J. Williams.

Wheeler, Wolf, Wefald, Peterson & McDonald, Bismarck, for respondents; argued by Robert O. Wefald, Bismarck.


ERICKSTAD, Chief Justice.

The Spences petitioned this court to exercise its original jurisdiction and issue a supervisory writ directing the trial court to (1) issue an order compelling answers to certain of the petitioners' interrogatories, and(2) award the petitioners reasonable attorney's fees. We decline to do so.

On August 20, 1979, an action was commenced by the Spences against Better Homes, Inc., Elma Krueger, and Walter Krueger, individually and as...

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