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FELCHLE v. FELCHLE

Civ. No. 10583.

351 N.W.2d 447 (1984)

Foster FELCHLE, on his own behalf, and on behalf of all surviving children of Fred H. Felchle, deceased, Plaintiff and Appellant, v. Hilda FELCHLE, Defendant and Appellee. Hilda G. FELCHLE, Plaintiff, v. MEDINA CHEESE CO., BMJ Trucking, and Larry W. Christmas, Defendants. Hilda G. FELCHLE, Plaintiff, v. MEDINA CHEESE CO., BMJ Trucking and Larry W. Christmas, Defendants.

Supreme Court of North Dakota.

As Amended August 10, 1984.

Attorney(s) appearing for the Case

Sperry & Erickson, Bismarck, for plaintiff and appellant; argued by Alan C. Erickson, Bismarck.

Baer & Asbridge, Bismarck, for defendant and appellee; argued by Richard B. Baer, Bismarck.

Fleck, Mather, Strutz & Mayer, Bismarck, for plaintiff Hilda G. Felchle; no appearance.

Pearce, Anderson & Durick, Bismarck, for defendants Medina Cheese Co., BMJ Trucking and Larry W. Christmas; no appearance.

PEDERSON, Justice.

The appeal before us is a procedural morass. The controversy stems from a 1981 automobile accident in which Fred H. Felchle, a passenger in a car driven by his wife Hilda Felchle, was killed. Hilda and six adult children survived Fred. A dispute arose over who was the proper party to bring a wrongful death action, Hilda or Foster and Charlene, two of Fred's children. In Felchle v. Medina Cheese Co., 329 N.W.2d 619

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