Herzog v. Yuill

VANDE WALLE, Justice.

James H. Herzog has appealed from partial summary judgments entered pursuant to certification under Rule 54(b), N.D.R. Civ.P., that dismissed most of his claims against William D. Yuill and all of his claims against William A. Hill. Yuill has cross-appealed from that portion of a judgment denying his motion for summary judgment of dismissal on all of Herzog’s claims. We affirm the judgments appealed from in part, reverse in part, and remand. We dismiss the cross-appeal.

On December 16, 1983, Herzog commenced an action against Yuill and Hill. Paragraphs 1 through 29 of the…