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KUKOWSKI v. SIMONSON FARM, INC.

Civ. No. 930081.

507 N.W.2d 68 (1993)

Paul KUKOWSKI and Lawrence Kukowski, Plaintiffs and Appellants, v. SIMONSON FARM, INC., a corporation under the North Dakota Corporation Act; Ervin Simonson, and John Simonson, Defendants and Appellees.

Supreme Court of North Dakota.

October 26, 1993.

Attorney(s) appearing for the Case

Ronald A. Reichert of Reichert, Buresh, Herauf & Ficek, Dickinson, for plaintiffs and appellants.

Glen R. Bruhschwein of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellees.

SANDSTROM, Justice.

Paul and Lawrence Kukowski appeal from the district court's entry of summary judgment dismissing their negligence claim against Simonson Farm, Inc., Ervin Simonson, and John Simonson. The Kukowskis allege their property was damaged by the Simonsons' use of a combine to control weeds on the Simonsons' property. The district court granted the Simonsons' second motion for summary judgment, holding the Simonsons owed no duty to the Kukowskis concerning...

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