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SMITH v. VESTAL

Civ. Nos. 890189, 890254 and 890255.

456 N.W.2d 502 (1990)

Michelle SMITH, individually and as the Personal Representative of the Estate of William Smith, Amanda Smith and William Smith, Jr., Plaintiffs, v. Richard VESTAL, City of Williston, N.D., a municipal corporation, Defendants and Appellees, Burlington Northern Railroad Corporation, Defendant. BRAUN ENGINEERING TESTING OF NORTH DAKOTA, INC., Defendant, Third-Party Plaintiff and Appellant, v. RED RIVER SUPPLY, INC., Third-Party Defendant. Michelle SMITH, individually and as the Personal Representative of the Estate of William Smith, Amanda Smith and William Smith, Jr., Plaintiffs, v. Richard VESTAL, Defendant and Appellee, Burlington Northern Railroad Corporation, Defendant, City of Williston, N.D., a municipal corporation, Defendant and Appellant. BRAUN ENGINEERING TESTING OF NORTH DAKOTA, INC., Defendant and Third-Party Plaintiff, v. RED RIVER SUPPLY, INC., Third-Party Defendant. Michelle SMITH, individually and as the Personal Representative of the Estate of William Smith, Amanda Smith and William Smith, Jr., Plaintiffs and Appellants, v. Richard VESTAL, City of Williston, N.D., a municipal corporation, Defendants and Appellees, Burlington Northern Railroad Corporation, Defendant. BRAUN ENGINEERING TESTING OF NORTH DAKOTA, INC., Defendant and Third-Party Plaintiff, v. RED RIVER SUPPLY, INC., Third-Party Defendant.

Supreme Court of North Dakota.

June 1, 1990.

Attorney(s) appearing for the Case

Zuger Law Offices, Bismarck, for plaintiffs and appellants Michelle Smith, Amanda Smith and William Smith, Jr.; argued by William E. McKechnie.

Pringle & Herigstad, P.C., Minot, for defendant and appellee Richard Vestal and for third-party defendant Red River Supply, Inc.; argued by David J. Hogue.

Fleck, Mather, Strutz & Mayer, P.C., Bismarck, for defendant, appellee, and appellant City of Williston; argued by Daniel L. Hovland.

David D. Beaudoin (argued), Bloomington, Minn., for defendant, third-party plaintiff and appellant Braun Engineering Testing of North Dakota, Inc.

GIERKE, Justice.

Braun Engineering Testing of North Dakota, Inc. (Braun); the City of Williston (Williston); and Michelle Smith (Smith) have appealed from summary judgments dismissing Richard Vestal and Red River Supply, Inc. (Red River), as parties. We dismiss the appeals.

Smith sued Vestal, Williston, Burlington Northern Railroad Corporation (Burlington Northern) and Braun for damages resulting from the death of William Smith, an employee of Red River, who...

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