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Sheffield v. National Farmers Union Property & Casualty Co.

Case Date: 02/23/1989
Docket No: 880165

Sheffield v. Natl. Farmers Union Prop. & CAS. Co.Civil No. 880165

VandeWalle, Justice.

Clinton Sheffield appealed from a summary judgment issued by the Ward County district court dismissing his action against National Farmers Union Property and Casualty Company (Farmers Union) to recover benefits under a policy issued by Farmers Union.

On appeal Sheffield raises the following issues:

1. Whether the trial court committed reversible error in granting the motion of Farmers Union for summary judgment.

2. Whether the trial court committed reversible error in failing to grant Sheffield's cross-motion for summary judgment.

We affirm the judgment pursuant to Rule 35.1(a)(6), N.D.R.App.P. See, e.g., Morrison v. Grand Forks Housing Authority, 436 N.W.2d 221 (N.D. 1989); Johnson v. Production Credit Ass'n of Fargo, 345 N.W.2d 371 (N.D. 1984) [summary judgment proper where, although issue is one of fact, reasonable persons could draw but one conclusion].

Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Beryl J. Levine, acting C.J.
H.F. Gierke III
John O. Garaas, S.J.

Garaas and Pederson. S.JJ., sitting in place of Erickstad, C.J., and Meschke, J., disqualified.