Legal Opinion

Gebeke v. Arthur Mercantile Company

North Dakota Supreme Court

Decided December 17, 1965No. 8289PublishedCited by 21 opinions

1Opinion of the Court

STRUTZ, Judge.

The plaintiff appeals from orders of the district court of Cass County granting the defendants’ motions for summary judgment under Rule 56, North Dakota Rules of Civil Procedure. A11 of the defendants have moved to dismiss the plaintiff’s appeal to this court.

Rule.56(c) provides, in part:

“ * * * Judgment shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. * * * ”

The court made its orders…

2Cases cited5 opinions

  1. Great Northern Railway Co. v. MustadNorth Dakota Supreme Court · 1948
  2. Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
  3. Shema v. Thorpe Bros.Supreme Court of Minnesota · 1953
  4. Olness v. DuffyNorth Dakota Supreme Court · 1923
  5. Nelson v. B & B Investment Co. Inc.Supreme Court of Minnesota · 1963

3Cited by21 opinions

  1. Farmers Cooperative Ass'n of Churchs Ferry v. ColeNorth Dakota Supreme Court · 1976
  2. Airvator, Inc. v. Turtle Mountain Manufacturing Co.North Dakota Supreme Court · 1983
  3. Dangerfield v. MarkelNorth Dakota Supreme Court · 1974
  4. Allstate Insurance Co. v. KnutsonNorth Dakota Supreme Court · 1979
  5. Evanenko v. Farmers Union ElevatorNorth Dakota Supreme Court · 1971

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