# City of Wahpeton v. Drake-Henne, Inc.

> North Dakota Supreme Court · April 2, 1975 · 228 N.W.2d 324

URL: https://www.frixlaw.com/law-library/cases/9573901

## Case

- **Full name:** CITY OF WAHPETON, North Dakota, a Municipal Corporation, Plaintiff and Appellee, v. DRAKE-HENNE, INC., a Corporation, Et Al., Defendants and Appellants
- **Court:** North Dakota Supreme Court
- **Decided:** April 2, 1975
- **Citations:** 228 N.W.2d 324
- **Precedential status:** Published
- **Opinion:** Concurrence by Erickstad
- **Judges:** Vogel, Erickstad, Pederson, Sand, Paulson
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9573901

## Opinion text

ERICKSTAD, Chief Justice
(concurring specially).
I concur in this opinion affirming the trial court’s denial of the motion to vacate the judgment under Rule 60(b), N.D.R. Civ.P., for the reasons stated therein, but in so doing, I do not wish to be understood as in any way affirming the opinion of Justices Teigen, Vogel, and Knudson reported at 215 N.W.2d 897 (N.D.1974) which I still believe to be in error.
PAULSON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9573901. Public record. Not legal advice.