Opinion
No. 41632.
Filed May 10, 1978.
Appeal from the District Court for Morrill County: ALFRED J. KORTUM, Judge. On motion for rehearing. See ante p. 279, 263 N.W.2d 458, for original opinion. Motion for rehearing overruled.
Ronald Rosenberg, for appellants.
Van Steenberg, Brower, Chaloupka, Mullin Holyoke, David T. Schroeder, and Padley Dudden, for appellees.
Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.
SUPPLEMENTAL OPINION
The last full paragraph of the opinion at page 282 is withdrawn and the following is added:
The granting of a partial summary judgment to the appellees was erroneous. The judgment is reversed and the cause is remanded to the District Court for trial on the remaining issues raised in the pleadings.