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McCROSKEY v. FETTES

Civ. No. 9946.

310 N.W.2d 773 (1981)

Alve W. McCROSKEY, Plaintiff and Appellant, v. Gerard FETTES, Donn Weaver, individually and as members of the Fargo Police Department, and the City of Fargo, a municipality, Defendants and Appellees.

Supreme Court of North Dakota.

October 15, 1981.

Attorney(s) appearing for the Case

Kraemer, Jochim & Beauchene, Fargo, for plaintiff and appellant; argued by Frederick D. Kraemer, Fargo.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for defendants and appellees; argued by E. Thomas Conmy III, Fargo.

ERICKSTAD, Chief Justice.

The plaintiff, Alve McCroskey, appeals from an order of the District Court of Cass County granting the defendants summary judgment pursuant to Rule 56, N.D.R. Civ.P., upon their motion for dismissal pursuant to Rule 12(b) based upon the court's determination that the defendants were immune from suit and that McCroskey's complaint did not state a claim upon which relief could be granted. We reverse and remand.

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