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TERNES v. KNISPEL

Civ. No. 10940.

374 N.W.2d 879 (1985)

Seferious TERNES, Plaintiff and Appellant, v. John KNISPEL, Third-Party Plaintiff, Defendant and Appellee, v. DEERE & COMPANY, a foreign corporation, and Lahman Manufacturing, Inc., a foreign corporation, Third-Party Defendants.

Supreme Court of North Dakota.

October 1, 1985.

Attorney(s) appearing for the Case

Baer & Asbridge, Bismarck, for plaintiff and appellant; argued by Richard B. Baer.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant and appellee; argued by A. William Lucas.

LEVINE, Justice.

The sole issue in this case is whether the district court abused its discretion in dismissing plaintiff's action for failure to prosecute. We hold it did not and affirm.

On October 29, 1975 Seferious Ternes was injured while driving a tractor owned by John Knispel. Two years later, on October 29, 1977, Ternes commenced a negligence action against Knispel. Ternes was represented by Robert Mines, a South Dakota attorney. Richard B. Baer, a North...

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