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SWENSON v. MAHLUM

No. 20180345.

927 N.W.2d 850 (2019)

2019 ND 144

Willis G. SWENSON, and Dayna L. Johnson, Plaintiffs, Appellants, and Cross-Appellees v. Kyle MAHLUM, Defendant, Third-Party Plaintiff, Appellee, and Cross-Appellant v. Carol Hodgerson, Gerard Swenson, Lee Alan Swenson, and Mary Ann Vig, in their individual capacities and as heirs to the estate of Junietta Swenson, Third-Party Defendants and Appellees.

Supreme Court of North Dakota.

Filed May 16, 2019.

Attorney(s) appearing for the Case

Taylor D. Olson (argued) and Peter H. Furuseth (on brief), Williston, ND, for plaintiffs, appellants, and cross-appellees Willis G. Swenson and Dayna L. Johnson.

Ryan G. Quarne , Minot, ND, for defendant, third-party plaintiff, appellee, and cross-appellant Kyle Mahlum.

Elizabeth L. Pendlay , Crosby, ND, for third-party defendants and appellees Carol Hodgerson, Gerard Swenson, Lee Alan Swenson and Mary Ann Vig.

[¶1] Willis Swenson appeals and Kyle Mahlum cross-appeals from an order dismissing Willis Swenson's claims against Mahlum and Mahlum's claims against Carol Hodgerson, Gerard Swenson, Lee Alan Swenson, and Mary Ann Vig ("third-party defendants"). Willis Swenson argues the district court erred in dismissing his breach of contract...

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