ALL SEASONS WATER USERS v. NORTHERN IMPROVEMENT CO.

Civ. No. 11,256.

399 N.W.2d 278 (1987)

ALL SEASONS WATER USERS ASSOCIATION, INC., Plaintiff, Appellant, and Cross-Appellee, v. NORTHERN IMPROVEMENT COMPANY and Firemen's Insurance Company of Newark, New Jersey, Defendants, Appellees, and Cross-Appellants. and CERTAIN-TEED CORPORATION, Defendant and Third-Party Plaintiff, v. KBM, INC., Third-Party Defendant.

Supreme Court of North Dakota.

January 6, 1987.


Attorney(s) appearing for the Case

Jack G. Marcil (argued) and Maureen Holman of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff, appellant, and cross-appellee.

Maurice G. McCormick (argued) and Pamela J. Hermes of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants, appellees, and cross-appellants.


VANDE WALLE, Justice.

All Seasons Water Users Association, Inc. (All Seasons), appealed from the amended judgment of the district court of Bottineau County which awarded All Seasons $105,372 in damages plus $5,798.48 for costs and disbursements. Northern Improvement Company (Northern) and Firemen's Insurance Company (Firemen's) filed a cross-appeal. We affirm in part and remand the case for further consideration by the trial court.

This appeal arises out of...

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