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MANN v. ZABOLOTNY

No. 20000038.

615 N.W.2d 526 (2000)

2000 ND 160

Arlan MANN and Laurie Mann, Plaintiffs, v. Anton "Tony" ZABOLOTNY, Bernel Zabolotny, Defendants and Appellants, John Mueller, Defendant and Appellee.

Supreme Court of North Dakota.

August 18, 2000.

Attorney(s) appearing for the Case

Michael J. Maus, Hardy, Maus & Nordsven, Dickinson, N.D., for defendants and appellants.

Ronald A. Reichert, Reichert & Herauf, PC, Dickinson, N.D., for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Anton and Bernel Zabolotny appeal from a district court judgment awarding John Mueller $18,000 on a cross-claim for breach of contract. Concluding the trial court abused its discretion in amending the pleadings on its own motion after trial, we reverse and remand for further proceedings.

I

[¶ 2] The Zabolotnys owned a bowling alley, restaurant, and bar in Killdeer. The business was being run by Arlan and Laurie ...

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