William Clairmont, Inc. v. Burlington Northern, Inc.

PEDERSON, Justice.

CASE SUMMARY

This is an appeal by the defendant, Burlington Northern, Inc., from the whole of a “Judgment on Vacation” entered by the district court of Burleigh County, granting Burlington Northern’s motion, under Rule 60(b), N.D.R.Civ.P., for relief from a judgment previously entered in the absence of Burlington Northern. Neither the merits of Clairmont’s claim (because there is no judgment on the merits) nor the merits of Burlington Northern’s motion (because the motion was granted) are before us for decision. There is no cross-appeal by Clair-mont. Burlington Northern…