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MYERS v. MOORE ENGINEERING, INC.

No. 93-3707.

42 F.3d 452 (1994)

Randall MYERS; Debora Myers; David Jenks; Jan Jenks; Gregory Lynnes; Eva Lynnes; Edgar Mojica; Kim Mojica; Laurel Nundahl, Plaintiffs-Appellants, v. MOORE ENGINEERING, INC.; City of West Fargo, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

David C. Thompson, Fargo, N.D., argued (Dale J. Craft, on the brief), for appellant.

Paul J. Oppegard, Moorhead, MN, argued, for appellee.

Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Appellants are owners of structurally defective townhouses in the Wyngate Estates in West Fargo, North Dakota. The issue on appeal is whether the City of West Fargo is liable to appellants for negligent enforcement of the City's building code. Applying North Dakota law, the district court1 granted summary judgment to the City and its building inspection contractor, Moore Engineering, Inc. (hereafter collectively referred...

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