DOWNTOWNER, INC. v. ACROMETAL PRODUCTS, INC.

Civ. Nos. 10495, 10494.

347 N.W.2d 118 (1984)

The DOWNTOWNER, INC., Coca-Cola Bottling Company of Bismarck; Northwest Billiard Supply, Inc.; d'Joyce Photography Inc., and Gold Seal Company, Plaintiffs and Appellants, v. ACROMETAL PRODUCTS, INC., Defendant. and ADAMS, INCORPORATED, Defendant, Third-Party Plaintiff and Appellant, v. WEATHER-RITE, INC., a corporation; and Acrometal Products, Inc., Third-Party Defendants and Appellees. WEEDA'S BATH AND KITCHEN SHOP, Prairie West Casuals; Downtowner Investment Company; Special People, Inc.; and First Trust Company of North Dakota, Plaintiffs, v. ADAMS, INCORPORATED, Defendant, Third-Party Plaintiff and Appellant, v. WEATHER-RITE, INC., a corporation; Acrometal Products, Inc., a corporation and Continental Casualty Company, Third-Party Defendants and Appellees.

Supreme Court of North Dakota.

March 21, 1984.


Attorney(s) appearing for the Case

Joel W. Gilbertson, of Pearce, Anderson & Durick, Bismarck, for plaintiff and appellant, Downtowner, Inc.

Steven A. Storslee, of Fleck, Mather, Strutz & Mayer, Bismarck, for defendant, third-party plaintiff and appellant Adams, Incorporated.

A. William Lucas, of Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant, Acrometal Products, Inc.


GIERKE, Justice.

These appeals are brought by the plaintiff, Downtowner, Inc., and by the defendant and third-party plaintiff, Adams, Inc., from a partial summary judgment entered in the District Court of Burleigh County in favor of defendant and third-party defendant, Acrometal Products, Inc. We affirm in part, reverse in part, and remand.

The plaintiffs, Downtowner, Inc., and Weeda's Bath and Kitchen Shop, commenced these actions by service of summons and...

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