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NESS v. ST. ALOISIUS HOSPITAL

Civ. No. 9821-A.

301 N.W.2d 647 (1981)

Marva D. NESS, individually and as parent and next friend of Leann Marie Ness, Andrew Philip Ness and William Ryann Ness, minor children, and the North Dakota Workmen's Compensation Bureau, Plaintiffs/Appellants, v. ST. ALOISIUS HOSPITAL, a corporation, Sister Corinne Yepson, Dr. L. E. Boyum and Dr. R. Pierce, Defendants/Appellees.

Supreme Court of North Dakota.

As Amended April 15, 1981.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald, Peterson & McDonald, Bismarck, for plaintiffs and appellants; argued by David L. Peterson and Albert A. Wolf, Bismarck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellees St. Aloisius Hospital and Sister Corinne Yepson; argued by H. Patrick Weir, Fargo.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellee Dr. L. E. Boyum; argued by William A. Strutz, Bismarck.

Zuger & Bucklin, Bismarck, for defendant and appellee Dr. R. Pierce; argued by William P. Zuger, Bismarck.

PAULSON, Justice.

Marva D. Ness ["Mrs. Ness"] and the North Dakota Workmen's Compensation Bureau [the "Bureau"] appeal from a summary judgment of dismissal of the complaint entered by the District Court of Wells County on June 19, 1980, because the district court determined that Mrs. Ness's action against the defendants and appellees St. Aloisius Hospital ["the Hospital"], Sister Corinne Yepson ["Sister Corinne"], Dr. L. E. Boyum ["Dr. Boyum"], and Dr. Robert B. Pierce...

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