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McKEE v. THOMPSON

No. A1-81-158.

558 F.Supp. 68 (1983)

Robert D. McKEE and Wanda McKee, individually and as surviving parents of Susan Marie McKee, and Robert D. McKee as the duly entitled personal representative of the Estate of Susan Marie McKee, Plaintiffs, v. Kirby THOMPSON and Thompson Funeral Homes, Inc., Defendant and Third Party Plaintiff, v. McLEAN COUNTY, Third Party Defendant.

United States District Court, D. North Dakota, Southwestern Division.

February 14, 1983.

Attorney(s) appearing for the Case

J.W. Cragg, Minneapolis, Minn., Albert A. Wolf, Bismarck, N.D., for plaintiffs.

Richard A. Clapp, Grand Forks, N.D., for defendant and third party plaintiff.

B. Timothy Durick, Bismarck, N.D., for third party defendant.

ORDER

VAN SICKLE, District Judge.

Defendants and third party plaintiffs have moved to dismiss specified parts of plaintiffs' complaint on the ground that those provisions fail to state a claim for which relief can be granted. Alternatively, they move for summary judgment as to the claims raised in those parts of plaintiffs' complaint.

Defendants' motions raise essentially four issues.

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