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GESSNER v. CITY OF MINOT

Civ. No. 940365.

529 N.W.2d 868 (1995)

Norma Charlene GESSNER, Plaintiff and Appellant, v. CITY OF MINOT, a Municipal Corporation, and Ward County Water Management District, Defendants and Appellees.

Supreme Court of North Dakota.

March 16, 1995.

Attorney(s) appearing for the Case

Moody M. Farhart, of Farhart, Lian, Maxson, Louser & Zent, Minot, for plaintiff and appellant.

Richard H. McGee II, of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendant and appellee City of Minot, and Gary H. Lee, of Olson Burns Lee & Larson, Minot, for defendant and appellee Ward County Water Management Dist.

SANDSTROM, Justice.

Norma Charlene Gessner appealed from the trial court's dismissal of one of the defendants in this case. We conclude the trial court's Rule 54(b), N.D.R.Civ.P., certification was improvidently granted and dismiss the appeal.

On July 26, 1992, four-year-old Cory Hammond drowned when he fell from a concrete flood control device on the Souris River in Minot. Gessner, Cory's mother, served a summons and complaint on Arden Hamar, Chairperson...

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