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JONES v. BILLINGS COUNTY SCHOOL DIST. # 1

Civil No. 970028.

568 N.W.2d 477 (1997)

1997 ND 173

Don JONES and Ernest H. Miessel, Plaintiffs and Appellees, v. BILLINGS COUNTY SCHOOL DISTRICT # 1, Defendant and Appellant.

Supreme Court of North Dakota.

September 8, 1997.

Attorney(s) appearing for the Case

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

Vince H. Ficek, of Ficek & Buresh, P.C., Dickinson, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Billings County School District # 1 appealed from a summary judgment declaring that Don Jones and Ernest Miessel have no personal liability for their dissolved corporation's alleged negligence in constructing a school building. We conclude that, if the District prevails in its action against the dissolved corporation, Jones and Miessel are liable to the extent of the value of corporate assets distributed to them. Accordingly...

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