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PETERSON v. CITY OF GOLDEN VALLEY, NORTH DAKOTA

Civ. No. 9951.

308 N.W.2d 550 (1981)

Virginia and Wencil PETERSON, Plaintiffs and Appellants, v. The CITY OF GOLDEN VALLEY, NORTH DAKOTA, a municipal corporation, and Interstate Engineering, Defendants and Appellees.

Supreme Court of North Dakota.

As Modified on Denial of Rehearing September 3, 1981.

Attorney(s) appearing for the Case

Freed, Dynes, Malloy & Reichert, Dickinson, for plaintiffs and appellants; argued by George T. Dynes, Dickinson.

Pearce, Anderson & Durick, Bismarck, for City of Golden Valley; argued by B. Timothy Durick, Bismarck.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, and Briggs & Morgan, St. Paul, Minn., for Interstate Engineering; argued by Paul G. Kloster, Dickinson.

PEDERSON, Justice.

The Petersons appeal from an adverse summary judgment in an action for the wrongful death of their son, Dale Peterson. We affirm.

On May 29, 1979, the City of Golden Valley awarded a sewer construction contract to Les Voltz for a project known as Sewer Improvement District No. 2. One of Voltz's employees was 17-year-old Dale Peterson. Peterson was killed on the project when the banks of a trench in which he was working caved in. The portion...

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