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PETERSON v. ZERR

Civ. No. 910012.

477 N.W.2d 230 (1991)

Tom PETERSON, Plaintiff, Appellant and Cross-Appellee, v. Kurt ZERR, Defendant and Appellee, Interstate Investments, a North Dakota Partnership, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

November 12, 1991.

Attorney(s) appearing for the Case

Alan C. Erickson (argued), Bismarck, for plaintiff, appellant and cross-appellee.

Dale W. Moench (argued) of Moench Law Firm, Bismarck, for defendant and appellee Kurt Zerr.

Dean F. Bard (argued) of Bard & Bard, Bismarck, for defendant, appellee, and cross-appellant Interstate Investments. Appearance by John W. Kavaney, partner in Interstate Investments.

GIERKE, Justice.

Tom Peterson appeals from a summary judgment dismissing his claims against Kurt Zerr and awarding actual costs and attorney's fees based upon the frivolous nature of Peterson's claims against Zerr, and from a judgment entered upon a jury verdict dismissing Peterson's claims against Interstate Investments [Interstate]. Interstate cross-appeals from the judgment upon the jury verdict. We affirm in part, reverse in part, and remand for entry of judgment...

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