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EGGL v. FLEETGUARD, INC.

Civil No. 970392.

583 N.W.2d 812 (1998)

1998 ND 166

Fred EGGL, Plaintiff and Appellee, v. FLEETGUARD, INC., Defendant and Appellant.

Supreme Court of North Dakota.

September 15, 1998.

Attorney(s) appearing for the Case

George M. Ackre, of Ackre & Baer Chartered, Cando, for plaintiff and appellee.

Roger J. Minch, of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Fleetguard, Inc., has appealed from an order denying its motion to vacate a default judgment. Because Fleetguard was never properly served, the court lacked personal jurisdiction and the judgment was void. We therefore reverse and remand.

I

[¶ 2] In 1989, Fred Eggl bought an oil filter manufactured by Fleetguard from a retailer in Cando, North Dakota. The oil filter allegedly ruptured, damaging the engine in Eggl...

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