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RICHARD v. FLIFLET

Civ. No. 10814.

370 N.W.2d 528 (1985)

Steven R. RICHARD, Plaintiff, v. Norval K. FLIFLET and Daniel Bye, Defendants. and Norval K. FLIFLET, Defendant, Third-Party Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

June 27, 1985.

Attorney(s) appearing for the Case

O'Grady, Morley & Morley, Grand Forks, for defendant, third-party plaintiff and appellant Norval K. Fliflet; argued by Michael J. Morley, Grand Forks.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for third-party defendant and appellee State Farm Mut. Auto. Ins. Co.; argued by Harlan G. Fuglesten, Fargo.

ERICKSTAD, Chief Justice.

The defendant and third-party plaintiff, Norval K. Fliflet, appeals from a district court judgment dismissing his action against the third-party defendant, State Farm Mutual Automobile Insurance Company (State Farm), and ordering him to pay the plaintiff, Steven R. Richard, $1,100 in damages. We reverse.

State Farm and Fliflet stipulated to the following facts:

"1. On January 7, 1983, Norval Fliflet, of Hannaford, North Dakota...

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