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73 ND 102

11 N.W.2d 124

Lyons v. Otter Tail Power Co.

North Dakota Supreme Court

Decided October 6, 1943

North Dakota Supreme Court · decided 1943-10-06

Decided 1943-10-06

Christianson, J.

¶1 (concurring specially.) I concur in Paragraph 1 of the syllabus and in that part of the opinion prepared by Judge Burke covered by the rule announced in Paragraph 1 of the syllabus. I agree that the answer does not set forth facts sufficient to constitute a counterclaim; but I do not agree with the construction placed upon the complaint in the decision on the former appeal or in the decision on this appeal.

Burr, J., agrees with the foregoing.
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