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GISSEL v. KENMARE TOWNSHIP

Civ. Nos. 910355, 910356 and 910365.

479 N.W.2d 876 (1992)

Curtis and Joan GISSEL, Plaintiffs, Appellants and Cross-Appellees, v. KENMARE TOWNSHIP, Defendant and Appellee. Curtis and Joan GISSEL, Plaintiffs, Appellants and Cross-Appellees, v. KENMARE TOWNSHIP, Defendant and Appellee Minot Paving Company, Inc., Defendant, and Kenmare Municipal Airport Authority, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

February 7, 1992.

Attorney(s) appearing for the Case

Robert S. Rau of Bosard, McCutcheon & Rau, Ltd., Minot, for plaintiffs, appellants and cross-appellees.

Robert A. Wheeler of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendant, appellee and cross-appellant.

VANDE WALLE, Justice.

Curtis and Joan Gissel appealed from a partial summary judgment in their consolidated lawsuits against Kenmare Township, the Kenmare Municipal Airport Authority, and Minot Paving Company, Inc., the Authority's contractor. The Authority appealed from an order assessing interim attorney's fees against it. Because we conclude that the trial court improvidently granted the Rule 54(b), N.D.R.Civ.P., order certifying this judgment as final, we dismiss...

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