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CLUB BROADWAY, INC. v. BROADWAY PARK

Civ. No. 880342.

443 N.W.2d 919 (1989)

CLUB BROADWAY, INC., and Mark Kiefer, Plaintiffs, Appellants, and Cross-Appellees, v. BROADWAY PARK, a limited partnership, Broadway Park Corporation, a General Partner, Broadway Sports, Inc., Charles Knapp, David Kane, John Redlinger, Jay Braaten, and Gene Snowberg, Defendants, and Calvin Fercho and Scott Fridlund, Defendants, Appellees, and Cross-Appellants.

Supreme Court of North Dakota.

July 18, 1989.

Attorney(s) appearing for the Case

Monty G. Mertz of Mertz Law Office, Fargo, for plaintiffs, appellants, and cross-appellees.

Daniel J. Crothers of Nilles, Hansen & Davies, Ltd., Fargo, for defendant, appellee, and cross-appellant, Calvin Fercho.

Michael D. McNair of Lamb, McNair, Larson & Carlson, Ltd., Fargo, for defendant, appellee, and cross-appellant Scott Fridlund.

VANDE WALLE, Justice.

Mark Kiefer and Club Broadway, Inc., appealed from a summary judgment dismissing from this lawsuit Calvin Fercho and Scott Fridlund, two of ten defendants in the action. Because we conclude that the trial court improvidently granted the Rule 54(b), N.D.R.Civ.P., order certifying this judgment as final, we dismiss the appeal.

Mark Kiefer and Club Broadway, Inc., brought this action against Broadway Park, a limited partnership; Broadway...

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