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FISCHER v. KNAPP

Civ. Nos. 10292, 10306.

332 N.W.2d 76 (1983)

Donald FISCHER and Maurice Fischer, Plaintiffs and Appellees, v. Richard KNAPP, Defendant and Appellant, and Elden Brady, Defendant. Donald FISCHER and Maurice Fischer, Plaintiffs and Appellees, v. Richard KNAPP, Defendant, and Elden Brady, Defendant and Appellant.

Supreme Court of North Dakota.

April 4, 1983.

Attorney(s) appearing for the Case

James A. Wright (argued) and Cecelia A. Wikenheiser, of Hjellum, Weiss, Nerison, Jukkala & Wright, Jamestown, for plaintiffs and appellees.

James S. Hill, Sp. Asst. Atty. Gen., Bismarck, for Richard Knapp.

B. Timothy Durick, Sp. Asst. Atty. Gen., Bismarck, for Elden Brady.

VANDE WALLE, Justice.

The defendants, Richard Knapp and Elden Brady, have filed separate appeals from a judgment of the district court of Stutsman County dated September 16, 1981, and from separate orders of that court, dated August 2, 1982, denying motions by Knapp and Brady for relief from the judgment and for a new trial. By stipulation of the parties the appeals have been consolidated for disposition by this court. We reverse the orders denying a new trial.

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