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VANDAL v. PEAVEY CO., A DIV. OF CONAGRA

Civ. No. 940072.

523 N.W.2d 266 (1994)

Leroy J. VANDAL, Plaintiff and Appellant, v. PEAVEY COMPANY, A DIVISION OF CONAGRA and Kenneth Bulie, f/d/b/a Bulie Custom Service, Defendants and Appellees.

Supreme Court of North Dakota.

October 27, 1994.

Attorney(s) appearing for the Case

Todd A. Schwarz, Frith, Schwarz & Steffan, Devils Lake, for plaintiff and appellant. Submitted on brief.

William C. Severin, Severin and Ringsak, Bismarck, for defendant and appellee Peavey Co.

Thomas E. Rutten, Traynor, Rutten & Traynor, Devils Lake, for defendant and appellee Kenneth Bulie.

VANDE WALLE, Chief Justice.

Leroy J. Vandal appealed from two Towner County district court summary judgments in favor of defendants Peavey Company and Kenneth Bulie, formerly doing business as Bulie Custom Service. We affirm.

Vandal owned the Cando Greenhouse in Cando, North Dakota. His property adjoined property owned by Kenneth Bulie, doing business as Bulie Custom Service. The Peavey elevator is located nearby. Beginning in 1987, Vandal maintained a soil...

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