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EMTER v. BULK, INC.

Civ. No. 870348.

423 N.W.2d 496 (1988)

Marian EMTER, individually and as Guardian ad litem for Shari Ann Emter and Terri Lee Emter, and as Trustee for the North Dakota Workmen's Compensation Bureau, Plaintiff and Appellant, v. BULK, INC., an Iowa Corporation, Leasco, Inc., a Nebraska Corporation, Herman Brothers, Inc., a Nebraska Corporation, Defendants, Amoco Oil Company, a Maryland Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

Sperry & Erickson, Bismarck, for plaintiff and appellant; argued by Alan C. Erickson.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee Amoco Oil Co.; argued by Robert V. Bolinske.

ERICKSTAD, Chief Justice.

Marian Emter appeals from the judgment granting defendant Amoco Oil Company's (Amoco) motion for summary judgment against her. We dismiss Emter's appeal and remand for further proceedings.

Anton Emter was hauling approximately 9,000 gallons of petroleum fuel with a tractor-trailer unit when it slid off an exit ramp on Interstate Highway 94. His wife, Marian Emter, individually and as guardian ad litem for her two children and as trustee...

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