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D.C. TRAUTMAN CO. v. FARGO EXCAVATING CO.

Civ. No. 10993.

380 N.W.2d 644 (1986)

D.C. TRAUTMAN COMPANY, Plaintiff and Appellant, v. FARGO EXCAVATING COMPANY, INC., Great American Insurance Company, Dakota Bank & Trust Company of Fargo, City of Fargo, Defendants, and Royal Jewelers, Inc., Defendant and Appellee.

Supreme Court of North Dakota.

January 22, 1986.

Attorney(s) appearing for the Case

Wegner, Fraase, Nordeng & Johnson, Fargo, for plaintiff and appellant; argued by Mervin D. Nordeng.

Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, for defendant and appellee; argued by Dean A. Hoistad.

ERICKSTAD, Chief Justice.

The plaintiff, D.C. Trautman Company (Trautman), appeals from a district court judgment dismissing its claim against the defendant, Royal Jewelers, Inc. (Royal Jewelers), and from an order denying Trautman's request for a new trial. We affirm.

During June 1981, Fargo Excavating, Inc. (Fargo Excavating), contracted with the City of Fargo to demolish and remove certain structures in the downtown Fargo area in preparation of a site for...

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