Wangler v. Lerol

[¶ 32] I authored the opinion in State Bank of Kenmare v. Lindberg, 471 N.W.2d 470 (N.D.1991) for the Court. In that case we did review the merits of the argument of the appellants “contained in their original counterclaim even though it was not raised in their amended counterclaim,” while citing Dahl v. Winter-Truesdell-Diercks Co., 62 N.D. 351, 243 N.W. 812 (1932) for the proposition ascribed by the majority opinion.

[¶ 33] With one exception I agree with the majority’s reliance on the federal cases which refuse to require a plaintiff to re-plead dismissed claims to preserve the right to…