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FIRST TRUST CO. v. SCHEELS HARDWARE & SPORTS SHOP, INC.

Civ. No. 870134.

429 N.W.2d 5 (1988)

FIRST TRUST COMPANY OF NORTH DAKOTA, as conservator of the Estate of Steven R. Holen, Steven R. Holen and Karlene Holen, Plaintiffs and Appellants, v. SCHEELS HARDWARE & SPORTS SHOP, INC., William Boyer, By and Through his mother and natural guardian, Kathryn Boyer, and Kathryn Boyer, Defendants and Appellees.

Supreme Court of North Dakota.

June 28, 1988.

Attorney(s) appearing for the Case

Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for plaintiffs and appellants, argued by David R. Bossart. Appearance by Kim E. Brust, Fargo.

Lee Hagen Law Office, Ltd., Fargo, for plaintiffs and appellants. Appearance by Leland F. Hagen, Fargo.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Scheels Hardware & Sports Shop, Inc., argued by Duane H. Ilvedson. Appearance by Bill Harrie, Fargo.

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for defendants and appellees William and Kathryn Boyer, argued by Armond G. Erickson. Appearance by Maureen Holman, Fargo.

ERICKSTAD, Chief Justice.

The plaintiffs, Steven Holen, his mother, Karlene Holen, and the conservator of Steven's estate, First Trust Company of North Dakota (First Trust), have appealed from a judgment, entered upon a jury verdict, dismissing their personal injury action against the defendants, Scheels Hardware & Sports Shop, Inc. (Scheels Hardware), Kathryn Boyer, and her son, William Boyer. The plaintiffs have also appealed from a court order denying their...

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