WIRTH v. MAYRATH INDUSTRIES, INC.

Civ. No. 9580.

278 N.W.2d 789 (1979)

Linda WIRTH, Individually and as a Personal Representative of the Estate of Larry Wirth, Deceased, Plaintiff and Appellant, v. MAYRATH INDUSTRIES, INC., Defendant, and Cavalier Rural Electric Cooperative, Inc., Defendant and Appellee.

Supreme Court of North Dakota.

May 9, 1979.


Attorney(s) appearing for the Case

O'Grady & Morley, Grand Forks, and Cameron D. Sillers, Langdon, for plaintiff and appellant; appearance by Cameron D. Sillers, Langdon; argued by Lowell A. O'Grady, Grand Forks.

Vaaler, Gillig, Warcup, Woutat & Zimney, Grand Forks, for defendant Mayrath Industries; no appearance.

Dahl & Greenagel, Grafton, for defendant and appellee Cavalier Rural Electric Cooperative, Inc.; argued by Robert E. Dahl, Grafton.


ERICKSTAD, Chief Justice.

The plaintiff, Linda Wirth, individually and as the personal representative of the estate of Larry Wirth, deceased, appeals to our court from the order of the district court, dated October 20, 1978, which struck Count V alleging strict liability from the complaint.1 We affirm.

Linda's statement of the case follows:

"1. Appellant Linda Wirth (Wirth)...

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