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WYATT v. ADAMS

Civil No. 960020.

551 N.W.2d 775 (1996)

Donald G. WYATT, Plaintiff and Appellant and Shirley A. Wyatt, Intervenor v. Ardell A. ADAMS, Defendant and Appellee and Grand Forks Welding and Machine Company, Defendant and Appellee

Supreme Court of North Dakota.

June 27, 1996.

Attorney(s) appearing for the Case

Ralph F. Carter (argued), and Shirley A. Dvorak (on brief), of Moosbrugger, Dvorak & Carter, Grand Forks, for plaintiff and appellant.

Jay Fiedler, of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant and appellee Ardell A. Adams.

Michael J. Morley, of Morley, Morley & Light, Ltd., Grand Forks, for defendant and appellee Grand Forks Welding and Machine Company.

NEUMANN, Justice.

Donald Wyatt appealed from a district court judgment dismissing Grand Forks Welding and Machine Company as a party defendant in Wyatt's action to recover damages for injuries sustained by him when he fell from a ladder. We conclude that the trial court improvidently certified the judgment as final under Rule 54(b), N.D.R.Civ.P., and we dismiss the appeal.

Wyatt was seriously injured in December 1987 when he fell from a ladder owned by Ardell...

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