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HOLTER v. CITY OF SHEYENNE

Civ. No. 910241.

480 N.W.2d 736 (1992)

Harold J. HOLTER and Deborah L. Holter, individually and as the surviving parents of Christal L. Holter, deceased, Plaintiffs and Appellants, v. CITY OF SHEYENNE and Blane Stenberg, d/b/a Tastee Freez, Defendants and Appellees.

Supreme Court of North Dakota.

February 4, 1992.

Attorney(s) appearing for the Case

Lee Hagen Law Office, Ltd., Fargo, for plaintiffs and appellants; argued by Paul D. Johnson.

McGee, Hankla, Backes, & Wheeler, Ltd., Minot, for defendant and appellee City of Sheyenne; argued by Robert J. Hovland.

Morley & Morley, Ltd., Grand Forks, for defendant and appellee Blane Stenberg, d/b/a Tastee Freez; argued by Robert M. Light.

ERICKSTAD, Chief Justice.

Harold and Deborah Holter (the Holters), parents of the deceased, Christal Holter, filed a wrongful death action under Chapter 32-21, N.D.C.C., against the defendants, Blane Stenberg d/b/a Tastee Freez (Tastee Freez) and the City of Sheyenne (the City). The district court entered a summary judgment dismissing the Holters' claims against both defendants, and the Holters filed this appeal. We affirm.

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