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SWANSON v. SHEPPARD

Civ. No. 890025.

445 N.W.2d 654 (1989)

Steven E. SWANSON, North Dakota State University, assignee, Plaintiff, Appellee and Cross-Appellant, v. Alan J. SHEPPARD, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

August 28, 1989.

Attorney(s) appearing for the Case

Clifton G. Rodenburg, of Gackle, Johnson, Rodenburg & Trader, Fargo, for plaintiff, appellee, and cross-appellant North Dakota State University, assignee.

Jon R. Brakke, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant, appellant, and cross-appellee. Appearance by Alan J. Sheppard.

VANDE WALLE, Justice.

Alan J. Sheppard appealed from a county court judgment awarding damages to Steven E. Swanson for Sheppard's negligence in representing Swanson in a bankruptcy matter. We reverse and remand for further proceedings.

During November or December 1986 Swanson contacted Sheppard to discuss the possibility of filing a bankruptcy petition on Swanson's behalf. Sheppard was ultimately retained by Swanson who represented him in filing a Chapter...

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