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CERVANTES v. DRAYTON FOODS, L.L.C.

Civil No. 970388

582 N.W.2d 2 (1998)

1998 ND 138

Gilberto CERVANTES, individually; and Gilberto Cervantes, Trustee for the North Dakota Workers Compensation Bureau, Plaintiffs and Appellees, v. DRAYTON FOODS, L.L.C., Defendant and Appellant.

Supreme Court of North Dakota.

July 8, 1998.

Attorney(s) appearing for the Case

Galen J. Vaa (argued) and James E. Nicolai of McLarnan, Hannaher, Vaa, Skatvold & McLarnan, P.L.L.P., Moorhead, Minnesota, for plaintiffs and appellees.

Louise Dovre Bjorkman (argued), Eric J. Magnuson, Sheryl Ramstad Hvass, and John M. Bjorkman of Rider, Bennett, Egan & Arundel, Minneapolis, Minnesota, Bernie C. Reynolds, of Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minnesota, and Scott K. Porsborg of Smith, Bakke, Hovland & Oppegard, Bismarck, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Drayton Foods, L.L.C. (Drayton) appealed from a judgment awarding Gilberto Cervantes damages for injuries he suffered while working at Drayton's plant. We hold Drayton was not a contributing employer immune from liability under N.D.C.C. § 65-01-08 of the Workers Compensation Act, and we affirm.

[¶ 2] In November 1995 Cervantes was employed with Preference Personnel...

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