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FEE v. RICHMOND MFG. CO.

Civ. No. 10565.

346 N.W.2d 290 (1984)

Raymond FEE and Mabel Fee, Plaintiffs and Appellants, v. RICHMOND MANUFACTURING COMPANY, a foreign corporation, Defendant, and Pat McGrath, Inc., a North Dakota corporation, Defendant and Appellee.

Supreme Court of North Dakota.

March 29, 1984.

Attorney(s) appearing for the Case

Howard Swanson of Letnes, Marshall, Fiedler & Clapp, Grand Forks, for plaintiffs and appellants.

Ralph F. Carter of Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for defendant and appellee.

VANDE WALLE, Justice.

The plaintiffs, Raymond and Mabel Fee, filed an appeal to this court from a summary judgment of the district court of Grand Forks County dismissing Pat McGrath, Inc. (McGrath), as a party defendant in the lawsuit. Thereafter, the defendant, Richmond Manufacturing Company (Richmond), filed a motion to dismiss the appeal. We dismiss the appeal without prejudice.

During October 1981, the Fees filed an action in State district court against...

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