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WINKLER v. GILMORE & TATGE MFG. CO., INC.

Civ. No. 10337.

334 N.W.2d 837 (1983)

Richard A. WINKLER, Plaintiff and Appellee, v. GILMORE & TATGE MFG. CO., INC.; DaKon, Inc.; and Hausauer Implement, Defendants and Appellees, Kent Manufacturing, Defendant and Appellant.

Supreme Court of North Dakota.

May 26, 1983.

Attorney(s) appearing for the Case

Neil W. Fleming, Cavalier, for plaintiff and appellee.

O'Grady, Morley & Morley, Grand Forks, for Gilmore & Tatge Mfg. Co., defendant and appellee; argued by Patrick R. Morley, Grand Forks.

Letnes, Marshall, Fiedler & Clapp, Grand Forks, for defendant and appellant; argued by Jay H. Fielder, Grand Forks.

PEDERSON, Justice.

This is an appeal from a judgment awarding Gilmore & Tatge Mfg. Co., Inc. (Gilmore) attorney fees and costs incurred while defending an action for damages brought by Richard Winkler, for injuries he suffered while descending a ladder on a grain dryer built by Kent Manufacturing and distributed by Gilmore. We affirm.

While harvesting sunflowers, Winkler noticed that the auger belt on the grain dryer he was operating had slipped, apparently...

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