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DETROIT DIESEL ALLISON v. HEINZE

Civ. No. 880015.

434 N.W.2d 352 (1989)

DETROIT DIESEL ALLISON, A DIVISION OF GENERAL MOTORS CORPORATION, Plaintiff, v. Edwin HEINZE, dba, Edwin Heinze Trucking, Defendant, Interstate Detroit Diesel Allison, Inc., Defendant and Appellee, Brian Nelson, Defendant and Appellant.

Supreme Court of North Dakota.

January 9, 1989.

Attorney(s) appearing for the Case

Griffeth Law Office, Riverside, for defendant and appellee; argued by Scott A. Griffeth.

Thomas J. Gaughan (argued), Fargo, for defendant and appellant.

GIERKE, Justice.

Brian Nelson appeals from a district court decision entered in an interpleader action in which Interstate Detroit Diesel Allison, Inc. [Interstate] was awarded $5,500 plus accrued interest deposited with the court by Detroit Diesel Allison, a division of General Motors Corporation [General Motors]. We reverse.

Initially, Interstate sued Edwin Heinze, doing business as Edwin Heinze Trucking [Heinze], for repairs Interstate made to one of Heinze...

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