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SMITH v. VESTAL

Civ. No. 920104.

494 N.W.2d 370 (1992)

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; CITY OF WILLISTON, N.D., a municipal corporation, Burlington Northern Railroad Corporation, and Braun Engineering Testing of North Dakota, Inc., Defendants, and Braun Engineering Testing of North Dakota, Inc., Third-Party Plaintiff and Appellant, v. RED RIVER SUPPLY, INC., Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

December 24, 1992.

Attorney(s) appearing for the Case

David D. Beaudoin (argued), Bucklin & Klemin, Bismarck, for defendant, third-party plaintiff and appellant Braun Engineering Testing of North Dakota, Inc.

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

ERICKSTAD, Chief Justice.

Braun Engineering Testing of North Dakota, Inc., (Braun) appeals from an order and summary judgment entered by the District Court for Williams County which dismissed its cross-claim against Richard Vestal and its third-party claim against Red River Supply, Inc. (Red River).1 The sole issue on appeal is whether or not a third-party indemnity and contribution action for fraud and deceit against an employer is barred...

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