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MESSER v. BENDER

Civil No. 960304.

564 N.W.2d 291 (1997)

1997 ND 103

Remy MESSER and Marilyn Messer, Plaintiffs and Appellees, v. William BENDER, individually and d/b/a William Bender Construction, Defendant and Appellant. Bruce Bender, individually and d/b/a William Bender Construction, Defendant.

Supreme Court of North Dakota.

Rehearing Denied June 24, 1997.

Attorney(s) appearing for the Case

Daniel L. Hovland of Smith Bakke Hovland & Oppegard, City Center Plaza, Bismarck, for plaintiffs and appellees.

William Bender, Bismarck, pro se.

SANDSTROM, Justice.

[¶ 1] William Bender appeals from a jury verdict finding him negligent in designing and constructing a house and awarding damages to Remy and Marilyn Messer. Bender asks us to determine whether he was properly served, whether he prevails on his counterclaim by default, whether Bruce Bender was properly dismissed, and whether the claims of nuisance and trespass were improperly submitted to the jury. Because Bender has not preserved these issues...

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