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ARMSTRONG v. MILLER

Civ. No. 8680.

189 N.W.2d 688 (1971)

Betty M. ARMSTRONG, Plaintiff and Respondent, v. Harold A. MILLER and Melvin J. Mickelson, Defendants and Appellants, and Barney's Transport, Inc., Defendant and Respondent.

Supreme Court of North Dakota.

September 1, 1971.

Attorney(s) appearing for the Case

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for appellant Melvin J. Mickelson.

Wattam, Vogel, Vogel & Peterson, Fargo, and Dosland & Nordhougen, Moorhead, Minn., for appellant Harold A. Miller.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for plaintiff and respondent.

Harold A. Halgrimson, Fargo, and Garrity, Cahill, Gunhus, Streed & Grinnell, Moorhead, Minn., for defendant and respondent Barney's Transport, Inc.

STRUTZ, Chief Justice.

The plaintiff brings this action as the surviving wife of Ronald D. Armstrong, for his wrongful death resulting from a motor vehicle accident which occurred on Memorial Day, 1969, on Highway No. 81 south of Fargo. At the time of the accident the plaintiff's decedent was operating his automobile in a northerly direction on the said highway. The defendant Mickelson was driving south and a Ford milk truck owned by the defendant Barney's Transport...

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