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GROSS v. STA-RITE INDUSTRIES, INC.

Civ. No. 10120.

322 N.W.2d 679 (1982)

Esther GROSS, Personal Representative of the Estate of Reuben Gross, deceased, and Thomas Gross, Plaintiffs and Appellants, v. STA-RITE INDUSTRIES, INC., a corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 30, 1982.

Attorney(s) appearing for the Case

John C. Haugland and Evan F. Heustis, of Haugland & Heustis, Devils Lake, for plaintiffs and appellants.

James A. Reisnour, of Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for defendant and appellee.

VANDE WALLE, Justice.

The Grosses appealed from a judgment entered in the district court of Burleigh County in favor of Sta-Rite determining that liability was not established against Sta-Rite for an outbreak of mastitis in the Grosses' dairy herd. The Grosses sought damages from Sta-Rite for breach of warranties and negligent installation of an automatic milking machine. We affirm in part and remand for further proceedings.

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