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BRAATEN v. DEERE & CO.

Civil No. 960058.

547 N.W.2d 751 (1996)

Barbara J. BRAATEN for the heirs and next of kin of Arnold Lyle Boomgaarden, Plaintiff, v. DEERE & COMPANY, incorporated in the State of Delaware, and George Boomgaarden, individually, Defendants.

Supreme Court of North Dakota.

May 17, 1996.

Attorney(s) appearing for the Case

John P. Clifford (argued), of Meshbesher & Spence, Minneapolis, MN, for plaintiff.

Eric Magnuson (argued), of Rider, Bennett, Egan & Arundel, Minneapolis, MN, for defendant Deere & Company.

Jay H. Fiedler (argued), of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant George Boomgaarden.

Charles L. Neff, of Bjella Neff Rathert Wahl & Eiken, P.C., Williston, for amicus curiae North Dakota Trial Lawyers Association.

NEUMANN, Justice.

Under N.D.R.App.P. 47.1 and N.D.C.C. Ch. 32-24, the district court for Stutsman County certified to this court two questions of law about the doctrine of equitable tolling of a statute of limitations. We decline to answer the questions.

On May 10, 1993, Arnold Boomgaarden was killed while operating a tractor owned by his brother, George Boomgaarden, and manufactured by Deere & Company. On May...

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