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SUBURBAN SALES & SERVICE, INC. v. WHITE

Civ. No. 10174.

326 N.W.2d 873 (1982)

SUBURBAN SALES & SERVICE, INC., Clair L. Young, Jr., Mrs. Clair L. Young, Jr., a/k/a Shirley C. Young, Lloyd H. Young, Catherine P. Young and Clair L. Young, Jr. and Lloyd H. Young, d/b/a Young's Auto Parts, a partnership, Plaintiffs and Appellants, v. John R. WHITE, Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 1982.

Attorney(s) appearing for the Case

Robert Vaaler of Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks; and John T. Traynor of Traynor, Rutten & Traynor, Devils Lake for plaintiffs and appellants; argued by Robert Vaaler, Grand Forks.

Robert P. Brady, Bismarck, on behalf of John W. Frith, Devils Lake; and Seth R. Phillips, Newport, Minn., for defendant and appellee; argued by Seth R. Phillips, Newport, Minn.

PAULSON, Justice.

The appellants [Youngs] appeal from a judgment entered July 1, 1981, and from an order issued December 31, 1981, denying their motion for judgment notwithstanding the verdict, or in the alternative, for relief under Rule 60 of the North Dakota Rules of Civil Procedure. Both the judgment and the order were issued by the District Court of Ramsey County. We affirm.

This is the third time these parties have been before our Court seeking a determination...

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