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MATTER OF PERSONS

Civ. No. 9922.

311 N.W.2d 919 (1981)

In the Matter of Drainage by James L. PERSONS, Steven A. Goeller, Perry B. Grotberg, and Margaret T. Grotberg, Section 23, The N1/2 of the SW1/4 and the SW1/4 of the SW1/4 of Section 24, the N1/2 of the NW1/4 and the W1/2 of the NE1/4 of Section 26 and the E1/2 of the E1/2 of Section 26, all in Township 141 North, Range 58 West, Getchell Township, Barnes County, North Dakota.

Supreme Court of North Dakota.

October 19, 1981.

Attorney(s) appearing for the Case

Sproul, Lenaburg, Fitzner & Walker, Valley City, for appellants James L. Persons, Steven A. Goeller, Perry B. Grotberg, and Margaret T. Grotberg; argued by Earl R. Pomeroy, Valley City.

Mikal Simonson, State's Atty., Valley City, for Barnes County Water Management Board; argued by Mr. Simonson.

Robert A. Feder, Fargo, for Robert Wittenberg and 49 other petitioners; argued by Robert A. Feder, Fargo.

ERICKSTAD, Chief Justice.

This is an appeal from an order of dismissal granted by the District Court of Barnes County during a hearing held on the appellants' (Persons) pre-trial motion in limine. We reverse the order of dismissal because the procedures for summary judgment under Rule 56 of the North Dakota Rules of Civil Procedure were not followed.

This action was begun in the fall of 1979 when 50 residents of Barnes County (petitioners) petitioned the Barnes...

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