WESTERN LIFE TRUST v. STATE

Civ. No. 940340.

536 N.W.2d 709 (1995)

WESTERN LIFE TRUST; Kara Brakke; Ronald Daren Brakke; Timothy Brakke; and Ronald Duane Brakke, Plaintiffs and Appellants, v. The STATE of North Dakota; The County of Cass, in its corporate capacity; Donald Rudnick, in his capacity as sheriff, and as an individual; Mike Argall, in his capacity as deputy sheriff, and as an individual; Budd Warren, in his capacity as deputy sheriff, and as an individual; Dean Fercho, in his capacity as deputy sheriff, and as an individual; Gail Wischmann, in her capacity as deputy sheriff, and as an individual; Chris Denis, in his capacity as deputy sheriff, and as an individual; Glenn Ellingsberg, in his capacity as deputy sheriff, and as an individual; Two unknown sheriff's deputies; Robert Hoy, in his capacity as an attorney, and as an individual; David D. Hagler, in his capacity as an attorney, and as an individual; Michael McGuire, in his capacity as an attorney, and as an individual; Cynthia Rothe, in her capacity as an attorney, and as an individual; Michael Nelson, in his capacity as an attorney, and as an individual; Lawrence Leclerc, in his capacity as an attorney, and as an individual; Georgia Dawson, in her capacity as an attorney, and as an individual; Frank Racek, in his capacity as an attorney, and as an individual; Carson Byram, in his capacity as probation officer, and as an individual; Barbara Breiland, in her capacity as probation officer, and as an individual; Rich Schuchard, in his capacity as probation officer, and as an individual; Dakota Bank and Trust Company, in its corporate capacity; Dan Cary; Earl Schouweiler; Bruce Carlson; David Knutson; Todd Haggart; Kirk Cossette; Bruce Cossette; Renald Cossette; Julien Pronovost; Friedrich Harvesting; unknown combine operators and truck drivers; Horace Farmers Elevator Company; One unknown Custom Harvesting Company; and three unknown attorneys, Defendants and Appellees.

Supreme Court of North Dakota.

September 1, 1995.


Attorney(s) appearing for the Case

Ronald Brakke, Horace, pro se.

Bruce H. Carlson of McNair, Larson & Carlson, Ltd., Fargo, for defendants and appellees Dakota Bank and Trust Co., Dan Cary, Earl Schouweiler, Bruce Carlson, Kirk Cossette, Bruce Cossette, Renald Cossette and Julien Pronovost.

William G. Peterson, Asst. Atty. Gen., Bismarck, for defendants and appellees State of North Dakota, Michael McGuire, Cynthia Rothe, Lawrence Leclerc, Georgia Dawson, Frank Racek, Carson Byram, Barbara Breiland, and Rich Schuchard.

Michael D. Nelson of Ohnstad Twichell, West Fargo, for defendants and appellees Michael Nelson and Horace Farmers Elevator Co.

Bruce D. Quick of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants and appellees Cass County, Donald Rudnick, Mike Argall, Budd Warren, Dean Fercho, Gail Wischmann, Chris Denis, Glenn Ellingsberg, Robert Hoy, David Hagler, and two unknown sheriff's deputies.

H. Morrison Kershner of Pemberton, Sorlie, Sefkow, Rufer and Kershner, Fergus Falls, MN, for defendant and appellee Friedrich Harvesting. Submitted on brief.

David F. Knutson of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant and appellee David Knutson. Submitted on brief.

W. Todd Haggart of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant and appellee Todd Haggart. Submitted on brief.


SANDSTROM, Justice.

Ronald Brakke, Kara Brakke, Timothy Brakke, Ronald Daren Brakke, and Western Life Trust (hereafter the Brakkes) appeal from a district court summary judgment dismissing their claims against all defendants and from an order denying a new trial. We dismiss the attempted appeal of Western Life Trust, modify the judgment, affirm the judgment as modified, and affirm the order denying a new trial.

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