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THORING v. BOTTONSEK

Civ. No. 10555.

350 N.W.2d 586 (1984)

Morris THORING, as Personal Representative of the Estate of Patty Jean Thoring, Morris Thoring as the Conservator and Guardian of Shawn Michael Thoring, Plaintiff and Appellee, v. Michael J. BOTTONSEK, Defendant, Earl L. LaCounte and Janice C. LaCounte, d/b/a Lenny's Bar, Bainville, Montana, Defendants and Appellants.

Supreme Court of North Dakota.

May 23, 1984.

Attorney(s) appearing for the Case

Bjella, Neff, Rathert, Wahl & Eiken, Williston, for plaintiff and appellee; argued by William M. McKechnie, Williston.

Zuger & Bucklin, Bismarck, for defendants and appellants; argued by Patrick J. Ward, Bismarck, Lyle W. Kirmis, Bismarck, on brief.

PEDERSON, Justice.

This wrongful death action is before us pursuant to Rule 54(b), North Dakota Rules of Civil Procedure.1 Defendant Lenny's Bar (Lenny's) appeals from the trial court's partial summary judgment and order, wherein the court concluded as a matter of law that it had personal jurisdiction over Lenny's and that North Dakota's dram shop act as codified at § 5-01-06, North Dakota Century Code, can be applied to assess liability...

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