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MESSMER v. OLSTAD

Civ. No. 940302.

529 N.W.2d 873 (1995)

Kevin John MESSMER, Plaintiff and Appellant, v. John Charles OLSTAD, Defendant and Appellee.

Supreme Court of North Dakota.

April 13, 1995.

Attorney(s) appearing for the Case

Jon J. Jensen of Pearson, Christensen, Larivee and Fischer, Grand Forks, for plaintiff and appellant.

No appearance for defendant and appellee.

LEVINE, Justice.

Kevin J. Messmer appeals from a district court order denying his motion to vacate an order dismissing without prejudice his action against John Charles Olstad for failure to prosecute. We affirm.

Messmer, a North Dakota resident, and Olstad, a Minnesota resident, were involved in a collision on December 22, 1983, in Grand Forks. Messmer instituted this negligence action on December 29, 1989. Unable to locate Olstad to serve him personally...

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