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STURDEVANT v. FARGO CULVERT CO.

Civ. No. 930035.

501 N.W.2d 762 (1993)

Robert STURDEVANT, Plaintiff and Appellant, v. FARGO CULVERT COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

June 16, 1993.

Attorney(s) appearing for the Case

Michael Lee Gjesdahl, Fargo, for plaintiff and appellant; submitted on brief.

Harlan G. Fuglesten and Wayne W. Carlson, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant and appellee; submitted on brief.

NEUMANN, Justice.

Robert Sturdevant appeals from a judgment entered by the District Court for Cass County involuntarily dismissing his claim against Fargo Culvert Company (FCC) due to his failure to prosecute. We affirm.

In March 1986, Sturdevant served a summons and complaint on FCC. His cause of action was brought for the recovery of sales commissions he allegedly earned but never received while in FCC's employ. The case was not filed with the district court...

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