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THOMPSON v. ZIEBARTH

Civ. No. 10331.

334 N.W.2d 192 (1983)

Hayden THOMPSON, Raymond Buckle, and Donald A. Thompson, Plaintiffs and Appellants, v. Silver ZIEBARTH, Defendant and Appellee.

Supreme Court of North Dakota.

May 12, 1983.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for plaintiffs and appellants; argued by A. William Lucas, Bismarck.

William W. Binek, Bowman, for defendant and appellee.

ERICKSTAD, Chief Justice.

This is an appeal by the plaintiffs, Hayden Thompson, Raymond Buckle, and Donald A. Thompson, from an order of the District Court of Ward County, dated August 10, 1982, dismissing their action against the defendant, Silver Ziebarth, under Rule 37, N.D.R.Civ.P., as a sanction for failure to make discovery. We reverse and remand.

On January 30, 1979, the plaintiffs filed this action against Ziebarth for the purchase price of cattle...

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