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FRITZ v. HASSAN

Civ. No. 10082.

316 N.W.2d 797 (1982)

Josephine FRITZ, individually and as the Personal Representative of the Estate of Nick A. Fritz, deceased, and as next friend of Jack Fritz, a minor; and Margaret Fritz and Carol Fritz, Plaintiffs and Appellants, v. A. F. HASSAN, M.D., St. Joseph's Hospital of Dickinson, N. D., Dennis E. Wolf, M.D., Donald A. Nicely, M.D., and Walter C. Hanewald, M.D., Defendants and Appellees.

Supreme Court of North Dakota.

As Amended April 15, 1982.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, for appellants.

Zuger & Bucklin, Bismarck, for A. F. Hassan; did not participate.

Fleck, Mather, Strutz & Mayer, Bismarck, for appellees Wolf, Nicely and Hanewald; argued by Gary Wolberg and William A. Strutz, Bismarck.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for appellee St. Joseph's Hospital; argued by Paul G. Kloster and Claudette Abel, Dickinson.

PEDERSON, Justice.

Fritz sought a declaration of default and proceedings to assess damages in a medical malpractice action, pursuant to Rule 55(a)(2), NDRCivP, when St. Joseph's Hospital and Drs. Wolf, Nicely and Hanewald failed to timely respond to a summons served without a complaint, pursuant to Rule 4(c)(2), NDRCivP. (Dr. Hassan promptly gave notice of appearance, demanded and received a copy of the complaint and timely answered the complaint, and is not involved...

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