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GAUER v. KLEMETSON

Civ. No. 10333.

333 N.W.2d 436 (1983)

Mary C. GAUER and John L. Gauer, Plaintiffs and Appellees, v. William KLEMETSON and Ralph Lutz, co-partners doing business as "Bonanza Sirloin Pit," Defendants and Appellants.

Supreme Court of North Dakota.

April 21, 1983.

Attorney(s) appearing for the Case

Ward M. Kirby and Paul G. Kloster (argued), of Mackoff, Kellogg, Kirby & Kloster, Dickinson and Carlan J. Kraft (argued), of Butz & Kraft, Rugby, for plaintiffs and appellees.

Steven A. Storslee of Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellants.

VANDE WALLE, Justice.

William Klemetson and Ralph Lutz, copartners doing business as "Bonanza Sirloin Pit," appealed from an order granting a motion to dismiss their counterclaim for contribution or indemnity against John L. Gauer, and from a judgment dismissing the counterclaim. We dismiss the appeal.

Mary Gauer and John Gauer fell and allegedly were injured while walking in the Bonanza restaurant in Dickinson. The Gauers commenced an action against Bonanza...

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