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LUMPKIN v. STREIFEL

Civ. No. 9941.

308 N.W.2d 878 (1981)

Thomas R. LUMPKIN and Linda Rawls Lumpkin, his wife, Plaintiffs and Appellants, v. Norman T. STREIFEL, individually and d/b/a SH&S Construction, Defendant and Appellee.

Supreme Court of North Dakota.

August 4, 1981.

Attorney(s) appearing for the Case

Estebo, Carey, Schnobrich & Frank, Fairfax, Minn., for plaintiffs and appellants; argued by Steven Emmings, Fairfax.

Pearce, Anderson & Durick, Bismarck, for defendant and appellee; argued by Christine Hogan, Bismarck.

SAND, Justice.

This is an appeal by the Lumpkins from a summary judgment dismissing their personal injury action against Norman Streifel.

Thomas Lumpkin was employed as a carpenter by A & A Construction, an independent contractor, who was constructing a house for Norman Streifel, the owner, in Williston, North Dakota. A & A's job was to do the rough carpentry work. Neither party contests the characterization of the relationship between Streifel and...

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