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MULLER v. CUSTOM DISTRIBUTORS, INC.

Civ. No. 910359.

487 N.W.2d 1 (1992)

Jody MULLER, William A. Muller and Alvina L. Muller, Plaintiffs and Appellants, v. CUSTOM DISTRIBUTORS, INC., 7-11 Pool Products U.S., Inc., The Vinyl Works, Inc., Fort Wayne Pools, Inc., and 7-11 Pools and Metalfab, Ltd., Defendants and Appellees.

Supreme Court of North Dakota.

May 26, 1992.

Attorney(s) appearing for the Case

Kent A. Reierson, of Winkjer, McKennett, Stenehjem, Trotter & Reierson, Williston, for plaintiffs and appellants.

Al. Wahl, of Bjella, Neff, Rathert, Wahl & Eiken, PC, Williston, for defendant and appellee Custom Distributors, Inc.

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendants and appellees 7-11 Pool Products U.S., Inc., and 7-11 Pools and Metalfab, Ltd. Appearance by Richard H. McGee II.

Pringle & Herigstad, PC, Minot, for defendant and appellee The Vinyl Works, Inc. Appearance by David J. Hogue.

VANDE WALLE, Justice.

Jody, William A., and Alvina L. Muller appealed from a summary judgment dismissing their action against Custom Distributors, Inc., 7-11 Pool Products U.S., Inc., The Vinyl Works, Inc., Fort Wayne Pools, Inc., and 7-11 Pools and Metalfab, Ltd. [hereinafter collectively referred to as the Defendants]. We affirm.

On March 1, 1980, Jody, a sixteen year old, was seriously injured when he dove into an indoor swimming pool at the home of Gerald...

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