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MARSHALL v. CITY OF BEACH

Civ. Nos. 9728, 9729.

294 N.W.2d 623 (1980)

Harold Eugene MARSHALL, Plaintiff and Appellant, v. CITY OF BEACH, a Municipal Corporation; County of Golden Valley, a Political Subdivision of the State of North Dakota, Defendants and Appellees. Harold Eugene MARSHALL, Plaintiff and Appellant, v. CITY OF BEACH PARK DISTRICT, Defendant and Appellee.

Supreme Court of North Dakota.

June 20, 1980.

Attorney(s) appearing for the Case

Shaft, McConn, Fisher & Thune, Grand Forks, for plaintiff and appellant; argued by Patrick W. Fisher, Grand Forks.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant and appellee City of Beach; argued by Paul G. Kloster, Dickinson.

Cahill, Gunhus, Grinnell, Jeffries, Klinger, Vinje & Swenson, Moorhead, Minn., for defendant and appellee County of Golden Valley; submitted on a brief.

Pearce, Anderson & Durick, Bismarck, for defendant and appellee City of Beach Park District; argued by Christine Hogan, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal from an order of the Golden Valley District Court, Southwest Judicial District, which denied the plaintiff's motion for a change of venue. We affirm.

The plaintiff, Harold Eugene Marshall, was seriously injured in a diving accident at the swimming pool in the City of Beach, North Dakota, on July 22, 1976. The pool was owned and operated by the City of Beach, the City of Beach Park District, and

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