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FARMERS ELEVATOR CO. OF HORACE v. NAGEL

Civ. No. 9939.

307 N.W.2d 580 (1981)

FARMERS ELEVATOR COMPANY OF HORACE, Plaintiff and Appellant, v. Melvin NAGEL and Clayton Runck, Jr., Defendants and Appellees.

Supreme Court of North Dakota.

June 25, 1981.

Attorney(s) appearing for the Case

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for plaintiff and appellant; argued by Daniel L. Wentz, West Fargo.

Overboe & Reiten, West Fargo, for defendants and appellees; argued by Nolan Holo, West Fargo.

PAULSON, Justice.

The Farmers Elevator Company of Horace appeals from an order issued by the District Court of Cass County on December 19, 1980, which vacated a judgment entered in the Elevator's favor on May 12, 1980, and set aside a jury verdict in the Elevator's favor. The court granted Clayton Runck, Jr.'s motion for a new trial on the basis of newly discovered evidence and on the basis that the evidence was not sufficient...

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