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FRONK v. MEAGER

Civ. No. 870085.

417 N.W.2d 807 (1987)

Rudy and Evelyn FRONK, Plaintiffs and Appellants, v. Robert C. MEAGER, Jr., an individual, and the City of Harvey, a municipal corporation, Defendants and Appellees.

Supreme Court of North Dakota.

December 29, 1987.

Attorney(s) appearing for the Case

Bickle, Coles & Snyder, Bismarck, for plaintiffs and appellants; argued by Robert J. Snyder.

Fleck, Mather, Strutz & Mayer, P.C., Bismarck, and Tebelius Law Firm, Harvey, for defendants and appellees; argued by Steven A. Storslee. Appearance by Mark Tebelius.

GIERKE, Justice.

Rudy and Evelyn Fronk appeal from a judgment which dismissed with prejudice their amended complaint and awarded a judgment for costs and disbursements to the defendants. We affirm.

At approximately 8 o'clock on the evening of June 28, 1984, in the city of Harvey, North Dakota, the plaintiffs, Evelyn and Rudy Fronk (Fronks), went out to dinner with a number of friends. Mr. Fronk testified that he had two or three drinks during the course of...

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