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STOKKA v. CASS CTY. ELEC. CO-OP., INC.

Civ. No. 10863.

373 N.W.2d 911 (1985)

Susan STOKKA, on her own behalf as well as next friend for Joshua Stokka, Timothy Stokka and Ashley Stokka, Plaintiff and Appellant, v. CASS COUNTY ELECTRIC COOPERATIVE, INC., a North Dakota cooperative association, Defendant and Appellee.

Supreme Court of North Dakota.

September 4, 1985.

Attorney(s) appearing for the Case

Aarestad & Briggs, Fargo, and Melvin M. Belli, San Francisco, Cal., for plaintiff and appellant; argued by Wayne G. Aarestad, Fargo.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee; argued by Douglas R. Herman, Fargo.

ERICKSTAD, Chief Justice.

Susan Stokka, on behalf of herself and Joshua, Timothy, and Ashley Stokka [Stokka], appeals from a district court summary judgment dismissing her action against Cass County Electric Cooperative, Inc. [CCEC] for damages resulting from the death of Milton Stokka. We reverse.

Stokka alleged in her complaint:

"III. "That on December 19, 1981, at approximately 8:00 o'clock p.m. Milton Stokka was killed while snowmobiling...

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