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  5. 130 N.W.2d 165 (1964)
 

REGENT COOP. EQUITY EXCH. v. JOHNSTON'S FUEL LINERS

No. 8145.

130 N.W.2d 165 (1964)

REGENT COOPERATIVE EQUITY EXCHANGE, a cooperative association, Plaintiff and Respondent, v. JOHNSTON'S FUEL LINERS, INC., a corporation, Defendant and Appellant, and Leonard Prince, an individual doing business under the trade name of Regent Oil Company, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied September 11, 1964.

Attorney(s) appearing for the Case

Conmy & Conmy, Bismarck, for defendant and appellant.

Orrin B. Lovell, Beach, and R. J. Bloedau, Mott, for plaintiff and respondent.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and Rausch & Chapman, Bismarck, for defendant and respondent.

TEIGEN, Judge.

This is an appeal from an order granting a new trial to the codefendant Prince in an action in tort which named both defendants, Johnston's and Prince, as codefendants, and in which a single verdict was returned in favor of the plaintiff and against both defendants in the amount of $46,768.83 as a result of a gasoline fire.

This court in an earlier decision—122 N.W.2d 151—reversed a judgment...

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