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OPP v. MATZKE

Civil No. 960313.

559 N.W.2d 837 (1997)

1997 ND 32

George F. OPP, d/b/a Opp Well Drilling & Supplies, Plaintiff, Appellee and Cross-Appellant, v. Ethel MATZKE, Kenneth Matzke, Defendants, Ruby Hoger and Daniel Hoger, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

February 27, 1997.

Attorney(s) appearing for the Case

Michael L. Halpern, Halpern Law Office, Glen Ullin, for plaintiff, appellee and cross-appellant.

Jos. A. Vogel, Jr., Vogel Law Firm, Mandan, for defendants, appellants, and cross-appellees.

VANDE WALLE, Chief Justice.

[¶ 1] Ruby and Daniel Hoger, the defendants, appealed from the trial court's grant of summary judgment in favor of the plaintiff, George Opp, d/b/a Opp Well Drilling & Supplies, (Opp). The trial court found Ethel and Kenneth Matzke, co-defendants, and Ruby Hoger jointly liable for the cost of drilling a water well. The trial court found Daniel Hoger was never properly served, and denied Opp's summary judgment motion against Daniel...

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