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SCHLENK v. NORTHWESTERN BELL TEL. CO., INC.

Civ. No. 10259.

329 N.W.2d 605 (1983)

Roger SCHLENK, Plaintiff and Appellant, v. NORTHWESTERN BELL TELEPHONE COMPANY, INC., Defendant and Appellee. and NORTHWESTERN BELL TELEPHONE COMPANY, a corporation, Third-Party Plaintiff and Appellee, v. AERIAL CONTRACTORS, INC., Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

January 27, 1983.

Attorney(s) appearing for the Case

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for appellant Roger Schlenk; argued by Paul F. Richard, Fargo.

Conmy, Feste & Bossart, Ltd., Fargo, for appellee Northwestern Bell Tel. Co., Inc.; argued by Wickham Corwin, Fargo.

Nilles, Hansen, Selbo, Magill & Davies, Ltd. and Pancratz, Yuill, Wold, Johnson & Feder, Fargo, for appellee Aerial Contractors, Inc.; argued by Duane H. Ilvedson, Fargo.

PAULSON, Justice.

Roger Schlenk appeals from a judgment of the District Court of Cass County dated June 14, 1982, which granted Northwestern Bell's motion for summary judgment and dismissed Schlenk's claim. We affirm.

On November 20, 1974, Schlenk was seriously injured when he became entangled in a "wire winder" machine which was being used to roll dismantled telephone wires onto a spool. At the time of his injury, Schlenk was employed by Aerial Contractors...

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