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WILLS v. SCHROEDER AVIATION, INC.

Civ. No. 11106.

390 N.W.2d 544 (1986)

Steven H. WILLS, Plaintiff and Appellant, v. SCHROEDER AVIATION, INC., a North Dakota corporation, Ostlund Chemical Co., a North Dakota corporation, and Darrol G. Schroeder, Defendants and Appellees.

Supreme Court of North Dakota.

June 26, 1986.

Attorney(s) appearing for the Case

Ohnstad, Twichell, Breitling, Rosenvold, Wanner, Nelson, Neugebauer & Maring, West Fargo, for plaintiff and appellant; argued by Michael D. Nelson.

Solberg, Stewart, Boulger & Miller, Fargo, for defendants and appellees Schroeder Aviation, Inc. and Darrol G. Schroeder; argued by Wayne O. Solberg.

Nilles, Hansen, Magill & Davies, Fargo, for defendant and appellee Ostlund Chemical Co.; argued by Stephen W. Plambeck.

MESCHKE, Justice.

Steven H. Wills appeals from two summary judgments dismissing his action against Schroeder Aviation, Inc. [Schroeder Aviation], Ostlund Chemical Co. [Ostlund], and Darrol G. Schroeder for damages allegedly incurred as a result of the aerial application of a herbicide to Wills' corn crop. We reverse.

Viewed in the light most favorable to Wills, the evidence reflects that on June 15, 1984, Wills contacted Schroeder, the president of Schroeder...

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