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NAPOLEON LIVESTOCK AUCTION, INC. v. ROHRICH

Civ. No. 11346.

406 N.W.2d 346 (1987)

NAPOLEON LIVESTOCK AUCTION, INC., Plaintiff, Appellant and Cross-Appellee, v. Pius C. ROHRICH, Defendant, Clemens Rohrich, Defendant and Appellee, First National Bank a/k/a First National Bank of Linton; David A. Erickson; and Kenneth A. Meier a/k/a K.A. Meier, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

April 29, 1987.

Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiff, appellant and cross-appellee; argued by Jos. A. Vogel, Jr.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Linton, for defendant Pius C. Rohrich; no appearance.

Francis C. Rohrich, Linton, for defendant & appellee Clemens Rohrich; argued by Francis C. Rohrich.

Pearce & Durick, Bismarck, for defendants, appellees and cross-appellants; argued by David E. Reich.

ERICKSTAD, Chief Justice.

Napoleon Livestock Auction, Inc., appeals from the order of the District Court for the South Central Judicial District entered on June 9, 1986, that denied its motions for a new trial, and to amend its complaint to conform to the evidence under Rule 15(b), N.D.R.Civ.P. Napoleon Livestock also appeals from the order of the district court entered on July 21, 1986, that awarded partial attorney's fees and expenses to Clemens Rohrich under Section...

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