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LANG v. WONNENBERG

Civ. No. 890171.

455 N.W.2d 832 (1990)

Bill LANG and Luella Lang, husband and wife; Chuck Lang and Brenda Lang, husband and wife; and Ed Schlenker and Hazel Schlenker, husband and wife, Plaintiffs and Appellees, v. Lloyd WONNENBERG, Defendant, Third-Party Plaintiff and Appellant, v. BOONE TOWNSHIP OF SHERIDAN COUNTY, North Dakota, a public corporation, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

April 25, 1990.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiffs and appellees; argued by William C. Kelsch.

Pearce & Durick, Bismarck, for third-party defendant and appellee; argued by Jerome C. Kettleson.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant, third-party plaintiff and appellant; argued by Murray G. Sagsveen.

VANDE WALLE, Justice.

Lloyd Wonnenberg appealed from a district court judgment which awarded Bill and Luella Lang [Bill Lang], Chuck and Brenda Lang [Chuck Lang], and Ed and Hazel Schlenker [Schlenker] approximately $260,000 in damages caused by the unlawful draining of ponds and sloughs on Wonnenberg's property; ordered Wonnenberg to close all improperly opened drains and to restore them to their pre-drain storage capacity; and dismissed Wonnenberg's third-party...

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