GAST CONSTRUCTION CO. v. BRIGHTON PARTNERSHIP

Civ. No. 870339.

422 N.W.2d 389 (1988)

GAST CONSTRUCTION COMPANY, INC., and Rogers, Perlenfein & Associates, Plaintiffs and Appellees, v. BRIGHTON PARTNERSHIP, a North Dakota Partnership, Ronald C. Wilson and Joan E. Wilson, husband and wife, and James J. Gress and Vernetta A. Gress, husband and wife, Defendants and Appellants.

Supreme Court of North Dakota.

As Amended April 27, 1988.


Attorney(s) appearing for the Case

Sortland Law Office, Fargo, for defendants and appellants; argued by Paul A. Sortland.

DeMars, Turman & Johnson, Ltd., Fargo, for plaintiffs and appellees Rogers, Perlenfein & Assoc.; argued by Jonathan R. Fay.

Johnson, Johnson, Stokes, Sandberg & Kragness, Ltd., Wahpeton, for plaintiff and appellee Gast Const. Co., Inc.; argued by Duane A. Kragness.


LEVINE, Justice.

Brighton Partnership (Brighton) attempts to appeal from three orders: an order dismissing with prejudice its counterclaim against Gast Construction Co., Inc. (Gast); an order dismissing with prejudice its counterclaim against Rogers, Perlenfein & Associates (Rogers); and an order assessing attorney's fees for bringing a frivolous motion for summary judgment. We dismiss the appeal.

Gast and Rogers commenced a lawsuit against Brighton to...

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