Diegel v. City of West Fargo
|
| 950311 |
Troy Diegel, individually and
as Trustee for the North Dakota
Workers Compensation Bureau, Plaintiff and Appellant
v.
City of West Fargo, Defendant and Appellee
and
Joel Gehrke, Defendant, Third-Party
Plaintiff, and Appellant
and
Tami Gehrke, Additional Defendant, Third-Party
Plaintiff, and Appellant
v.
Burlington Northern
Railroad Company,
a corporation, Third-Party Defendant
and Appellee
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Michael O. McGuire |
|
Nature of Action: |
Personal Injury
|
| Counsel: |
|
| Term: |
02/1996 Argument: 02/07/1996 10:45am
|
| NW cite: |
546 N.W.2d 367
|
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 Add Docket 950311 RSS
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| 1 | | 09/26/1995 | |
JOINT NOTICE OF APPEAL: 09/25/1995 |
| 2 | | 10/26/1995 | |
RECORD ON APPEAL (3 volumes); 5 Depositions; Transcript (1) |
| 3 | | 10/26/1995 | |
(Not Rec'd: #56 & 57 -- Shorthand Notes; #117 -- Tape; and #134 - Cash Bond) |
| 4 | | 11/03/1995 | |
APPELLANT BRIEF |
| 5 | | 11/03/1995 | |
APPELLANT APPENDIX |
| 6 | | 11/16/1995 | |
Revised Table of Contents (inserted in ATA) |
| 7 | | 11/17/1995 | |
MOTION FOR REMAND & AFFIDAVIT IN SUPPORT |
| 8 | | 12/01/1995 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 9 | | 12/01/1995 | |
ACTION BY CLERK (W/UNDERSTANDING ON JAN TERM). GRANTED: 12/15/1995 |
| 10 | | 12/05/1995 | |
APPELLEE BRIEF (Appellee Burlington Northern) |
| 11 | | 12/05/1995 | |
APPELLEE APPENDIX of Appellee Burlington Northern |
| 12 | | 12/08/1995 | |
NO ACTION TAKEN (remand/letter dated 12-7-95 fm Lee Hagen indicating remand not necessary) |
| 13 | | 12/14/1995 | |
Supplemental Certificate on Appeal (original exhibits to |
| 14 | | 12/14/1995 | |
entry 100 (Officer Sandvig's Deposition)(exhibit nos. 1-15 |
| 15 | | 12/14/1995 | |
and 19-22/inserted into depo)(to be returned to clerk w/ ROA when this case is mandated) |
| 16 | | 12/15/1995 | |
APPELLEE BRIEF (City of West Fargo) |
| 17 | | 12/27/1995 | |
MOT. EXT/TIME REPLY BRIEF w/ Affidavit |
| 18 | | 12/27/1995 | |
ACTION BY CLERK (Reply Brief). GRANTED: 01/09/1996 |
| 19 | | 01/03/1996 | |
SUPPLEMENTAL CLERK'S CERT. DATED 1-02-96 (Entry Nos. 137-142) |
| 20 | | 01/05/1996 | |
REPLY BRIEF OF APPELLANTS JOEL GEHRKE, TAMI GEHRKE, & TROY DIEGEL |
| 21 | | 01/09/1996 | |
Stipulation Regarding Oral Argument |
| 22 | | 01/10/1996 | |
ACTION BY SUPREME COURT (Justice Sandstrom)_. GRANTED |
| 23 | | 01/10/1996 | |
(Per Stipulation, it appears the counsel for Burlington |
| 24 | | 01/10/1996 | |
Northern -- James Hill/Becky Thiem -- will not be |
| 25 | | 01/10/1996 | |
participating in the oral argument on 1-18-96) |
| 26 | | 01/11/1996 | |
Letter from Kim Brust dated 1-10-96 RE: no objection to the Stip. Regarding Oral Argument |
| 27 | | 01/12/1996 | |
Letter dated 1-10-96 from Ronald Fischer re OA |
| 28 | | 02/07/1996 | |
APPEARANCES: Kim E. Brust for Appellant's Troy Diegel, Joel |
| 29 | | 02/07/1996 | |
Gehrke and Tami Gehrke; Ronald F. Fischer for Appellee |
| 30 | | 02/07/1996 | |
City of West Fargo; No appearance for Appellee Burlington Northern Railroad |
| 31 | | 02/07/1996 | |
ARGUED: Brust; Fischer (Vol. U, pg. 201) |
| 32 | | 04/25/1996 | |
DISPOSITION: AFFIRMED |
| 33 | | 04/25/1996 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 34 | | 04/25/1996 | |
Costs on appeal taxed in favor of appellees |
| 35 | | 04/25/1996 | |
Justice Mary Maring was not a member of the Court when this |
| 36 | | 04/25/1996 | |
case was heard and, therefore, recused herself from |
| 37 | | 04/25/1996 | |
participating in the decision. Judge Beryl Levine, a |
| 38 | | 04/25/1996 | |
member of the Court when the case was heard, participated as a Surrogate Judge |
| 39 | | 04/29/1996 | |
ORDER/JUDGMENT MAILED TO PARTIES |
| 40 | | 06/04/1996 | |
MANDATE |
| 41 | | 07/09/1995 | |
EXPUNGED - Nonpermanent record items destroyed |