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MILES HOMES DIVISION OF INSILCO CORP. v. CITY OF WESTHOPE

Civ. No. 890395.

458 N.W.2d 321 (1990)

MILES HOMES DIVISION OF INSILCO CORPORATION, a Connecticut corporation, Plaintiff and Appellant, v. CITY OF WESTHOPE and Bottineau County, North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

July 3, 1990.

Attorney(s) appearing for the Case

Pringle & Herigstad, P.C., Minot, for plaintiff and appellant; argued by John J. Petrik.

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendants and appellees; argued by Robert A. Wheeler.

ERICKSTAD, Chief Justice.

Miles Homes Division of Insilco Corporation [Insilco] appeals from a summary judgment dismissing its negligence action against the city of Westhope and Bottineau County. We reverse and remand.

In February 1980 Barry O. and Tamara G. Deschamp gave Insilco a mortgage to a lot in Westhope to secure a $46,868 debt. The mortgage, which was recorded with the Bottineau County Register of Deeds, listed Insilco's address as "4500 Lyndale Avenue...

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