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INVESTORS TITLE INS. CO. v. HERZIG

Nos. 20090051, 20090052.

785 N.W.2d 863 (2010)

2010 ND 138

INVESTORS TITLE INSURANCE COMPANY, Plaintiff v. David F. HERZIG, Southeastern Shelter Corporation, Alphild Herzig, Defendants On Appeal Southeastern Shelter Corporation, Plaintiff, Appellee and Cross-Appellant v. Sheldon Smith, Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 17, 2010.

Attorney(s) appearing for the Case

Robert S. Rau, Minot, N.D., for plaintiff, appellee and cross-appellant.

Arnold V. Fleck, Bismarck, N.D., for defendant, appellant and cross-appellee.

VANDE WALLE, Chief Justice.

[¶ 1] In this consolidated appeal, the personal representative of the estate of Alphild Herzig appealed and Southeastern Shelter Corporation ("Southeastern") cross-appealed from district court orders entered in two related cases. The appealed orders in each case denied the personal representative's motions to dismiss Alphild Herzig as a party, but granted the personal representative's motion to substitute the estate's personal representative...

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