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JANAVARAS v. NAT. FARMERS UNION PROPERTY

Civ. No. 890133.

449 N.W.2d 578 (1989)

Mark JANAVARAS and Katina Janavaras, individually and Mark Janavaras and Katina Janavaras d/b/a Kosmos Department Store, and the National Bank of Harvey, Plaintiffs and Appellants, v. NATIONAL FARMERS UNION PROPERTY and Casualty Company, Defendant and Appellee.

Supreme Court of North Dakota.

December 20, 1989.

Attorney(s) appearing for the Case

Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiffs and appellants; argued by Robert V. Bolinske and Daniel S. Kuntz.

Steven A. Storslee (argued), of Fleck, Mather, Strutz & Mayer, P.C., Bismarck, and David S. Evinger (argued) and Terrence R. Joy (no appearance), of Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., for defendant and appellee.

LEVINE, Justice.

Mark Janavaras, Katina Janavaras, and the National Bank of Harvey appeal from a partial summary judgment dismissing some of their claims against National Farmers Union Property and Casualty Company ["National"]. We conclude that the trial court improvidently certified the judgment as final pursuant to Rule 54(b), N.D.R. Civ.P., and accordingly we dismiss the appeal.

On July 30, 1986, fire destroyed the Janavarases' department store in Harvey...

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