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McLEAN v. KIRBY CO.

Civ. Nos. 910230, 910238.

490 N.W.2d 229 (1992)

Linda McLEAN, Plaintiff and Appellee, v. The KIRBY COMPANY, a DIVISION OF the SCOTT FETZER COMPANY and the Scott Fetzer Company, Defendants and Appellants, and Michael Molachek, Defendant. Linda McLEAN, Plaintiff and Appellant, v. The KIRBY COMPANY, a DIVISION OF the SCOTT FETZER COMPANY and the Scott Fetzer Company, Defendants and Appellees, and Michael Molacheck, Defendant.

Supreme Court of North Dakota.

July 28, 1992.

Attorney(s) appearing for the Case

Wold, Jacobs & Johnson, Minneapolis, Minn., for plaintiff and appellee/appellant, Linda McLean argued by Keith D. Johnson. Appearance by Calvin N. Rolfson.

Cahill, Maring & Marquart, Fargo, for defendants and appellants/appellees, Kirby Co. and the Scott Fetzer Co., argued by David S. Maring. Appearance by Daniel Dunn.

MESCHKE, Justice.

The Kirby Company, a division of the Scott Fetzer Company, and Scott Fetzer Company (hereinafter collectively referred to as Kirby) appealed from an amended judgment awarding Linda McLean damages from being raped in her apartment by Michael Molachek, a Kirby dealer. Kirby also appealed from orders denying its post-judgment motions. McLean cross-appealed from the judgment, amended judgment, and an order denying her motion for a partial new trial on...

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