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BARSNESS v. GENERAL DIESEL & EQUIPMENT

Civ. No. 870155.

422 N.W.2d 819 (1988)

Raymond BARSNESS, an individual, Plaintiff, v. GENERAL DIESEL & EQUIPMENT CO., INC., a North Dakota corporation, Defendant, Third-Party Plaintiff, Appellee and Cross-Appellant, v. FIRST ASSEMBLY OF GOD CHURCH, Third-Party Defendant, Appellant and Cross-Appellee, and Northern Improvement Company, Third-Party Defendant.

Supreme Court of North Dakota.

April 18, 1988.

Attorney(s) appearing for the Case

Cahill & Maring, P.A., Moorhead, for defendant, third-party plaintiff, appellee and cross-appellant; argued by David S. Maring. Appearance by Daniel Schwandt, Senior Law Student.

Nilles, Hansen & Davies, Ltd., Fargo, for third-party defendant, appellant and cross-appellee; argued by William P. Harrie.

GIERKE, Justice.

First Assembly of God Church (First Assembly) appeals from a district court judgment requiring it to indemnify General Diesel & Equipment Co., Inc. (General Diesel) for damages sustained by Raymond Barsness and for attorney's fees and costs incurred by General Diesel in defending against Barsness' action, and General Diesel cross-appeals from that part of the judgment denying its attorney's fees and costs incurred in bringing a motion for indemnity...

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