Lund v. Buhr, et al.Civil No. 870260

Meschke, Justice.

Michael P. Lund appealed from a summary judgment dismissing his claim against two doctors and their clinic for allegedly releasing incorrect information about him. The trial court granted summary judgment based, in part, on Lund's failure to set forth specific facts showing the existence of any genuine issue of material fact. We affirm under NDRAppP 35.1(a)(6). Under NDRAppP 38, we award reasonable attorney fees and costs to appellees, subject to submission of an affidavit documenting the work performed on the appeal to enable calculation of the amount. See United Bank of Bismarck v. Young, 401 N.W.2d 517, 519, n.1 (N.D. 1987) and Carlson v. Dunn County, 409 N.W.2d 111, 115 (N.D. 1987)(Justice Levine, concurring and dissenting).

Herbert L. Meschke
Vernon R. Pederson, S.J.
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.

Pederson, S.J., sitting in place of Levine, J., disqualified.