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ALL SEASONS WATER USERS v. NORTHERN IMPROVEMENT

Civ. No. 870086.

417 N.W.2d 831 (1988)

ALL SEASONS WATER USERS ASSOCIATION, INC., Plaintiff and Appellant, v. NORTHERN IMPROVEMENT COMPANY and Fireman's Insurance Company of Newark, New Jersey, Defendants and Appellees. CERTAINTEED CORPORATION, Defendant and Third Party Plaintiff, v. KBM, INC., Third Party Defendant.

Supreme Court of North Dakota.

January 4, 1988.

Attorney(s) appearing for the Case

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff and appellant; argued by Jack G. Marcil.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants and appellees; argued by Maurice G. McCormick.

GIERKE, Justice.

All Seasons Water Users Association, Incorporated (All Seasons), appeals from an amended judgment of the district court, dated February 25, 1987. We reverse and remand.

The relevant facts underlying this appeal are set forth by this court in All Seasons Water Users Association, Inc. v. Northern Improvement Co., 399 N.W.2d 278 (N.D. 1987), and will not be repeated in this opinion. In that prior decision...

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