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FREDERICK v. KUBISIAK

Civ. No. 10103.

317 N.W.2d 120 (1982)

Gerald FREDERICK, Plaintiff and Appellee, v. Ted KUBISIAK and Helen Kubisiak, d/b/a Ranger Cafe, Defendants and Appellants.

Supreme Court of North Dakota.

March 18, 1982.

Attorney(s) appearing for the Case

Ronald Schwartz, Hebron, for plaintiff and appellee.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellants; argued by Gary R. Wolberg, Bismarck.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, amicus curiae, North Dakota Shorthand Court Reporters Ass'n; argued by David L. Peterson, Bismarck.

PEDERSON, Justice.

The Kubisiaks appeal from a judgment and from an order denying their motion for new trial. We affirm the judgment and dismiss the appeal from the denial of motion for new trial. The judgment awarded Frederick possession of a portion of a building in which the Kubisiaks had operated a restaurant as tenants of Frederick's predecessor in ownership of the building.

When Frederick purchased the building in October or November of 1980, the Kubisiaks...

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