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ABERLE v. KARN

Civ. Nos. 10044, 10053.

316 N.W.2d 779 (1982)

Ralph A. ABERLE and Mary Aberle, Plaintiffs, v. Kevin E. KARN, Defendant and Cross-Defendant. and Freddie MUTSCHLER and Marlys Mutschler, d/b/a Mutschler Farms, Defendants, Cross-Claimants, Third-Party Plaintiffs, Appellees and Cross-Appellants, v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Third-Party Defendant and Cross-Appellee, and St. Paul Fire and Marine Insurance Company, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

As Corrected March 25, 1982.

Attorney(s) appearing for the Case

Kenner, Halvorson & Sturdevant, Minot, for plaintiffs (did not participate in appeal).

Pringle & Herigstad, P.C., Minot, and Mikal Simonson, Valley City, for defendant and cross-defendant Karn (did not participate in appeal).

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, and Zuger & Bucklin, Bismarck, for defendants, cross-claimants, third-party plaintiffs, appellees and cross-appellants Mutschlers (briefs and oral argument by Brian D. Neugebauer, West Fargo).

Stefanson, Landberg & Alm, Moorhead, Minn., for third-party defendant and cross-appellee Commercial Ins. Co. (briefs and oral argument by David S. Maring, Moorhead, Minn.).

Cahill Law Office, P.A., Moorhead, Minn., for third-party defendant and appellant St. Paul Fire and Marine Insurance Company (briefs and oral argument by James D. Cahill, Moorhead, Minn.).

PEDERSON, Justice.1

These appeals have a somewhat unusual progeny. They originate from two lawsuits, one by Ralph A. Aberle and one by Mary Aberle. The defendants in both suits were Kevin E. Karn and Freddie Mutschler and Marlys Mutschler d/b/a Mutschler Farms. Both suits sought damages arising out of Karn's negligent operation of a motor vehicle owned by the Mutschlers. The complaints...

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