City of Wahpeton v. Drake-Henne, Inc. , 228 N.W.2d 324 ( 1975 )

ERICKSTAD, Chief Justice

(concurring specially).

I concur in this opinion affirming the trial court’s denial of the motion to vacate the judgment under Rule 60(b), N.D.R. Civ.P., for the reasons stated therein, but in so doing, I do not wish to be understood as in any way affirming the opinion of Justices Teigen, Vogel, and Knudson reported at 215 N.W.2d 897 (N.D.1974) which I still believe to be in error.

PAULSON, J., concurs.