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OANES v. WESTGO, INC.

Civ. No. 900366.

476 N.W.2d 248 (1991)

Dale S. OANES and Catherine Danes, Plaintiffs and Appellants, v. WESTGO, INC.; Rust Sales; Westfield Manufacturing Company, Defendants and Appellees.

Supreme Court of North Dakota.

As Amended October 23, 1991.

Attorney(s) appearing for the Case

Gjevre, McLarnan, Hannaher, Vaa, Skatvold & McLarnan, Moorhead, Minn., for plaintiffs and appellants; argued by Galen J. Vaa.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Westgo, Inc.; argued by Stephen W. Plambeck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants and appellees Rust Sales and Westfield Mfg. Co.; argued by C. Nicholas Vogel.

Duane A. Lillehaug & J.P. Dosland of Dosland, Dosland, Nordhougen, Lillehaug & Johnson, PA., Moorhead, Minn., for amicus curiae, N.D. Trial Lawyers. Brief filed.

GIERKE, Justice.

Dale and Catherine Oanes appeal from a judgment entered upon a jury verdict dismissing their products liability action against Westfield Industries, Ltd. [Westfield]; Westgo, Inc. [Westgo]; and Rust Sales [Rust]. They also appeal from an order denying their motion for a new trial. We vacate and remand.

Westfield is in the business of manufacturing portable farm augers. From about 1950 to 1974, Westfield manufactured "drag-out" augers as an...

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