BLIKRE v. ACANDS, INC.

Nos. 980307, 980308, 980309, 980310, 980311.

593 N.W.2d 775 (1999)

1999 ND 96

Leslie BLIKRE, George Hanson, Jerald Hendershot, John Nelson, Plaintiffs and Appellants, v. ACANDS, a Delaware corporation (individually and as successor-in-interest to Armstrong Contracting & Supply, Inc., and Keasby & Mattison Company), et al., Defendants, ACandS, Inc., a Delaware corporation; A.H. Bennett Company, a Minnesota corporation; Building Sprinkler Company, Inc., a North Dakota corporation; and Fargo-Moorhead Insulation Company, a North Dakota corporation, Defendants and Appellees. Gale Blowers, Plaintiff and Appellant, v. ACandS, Inc., a Delaware corporation (individually and as successor-in-interest to Armstrong Contracting & Supply, Inc., and Keasby & Mattison Company), et al., Defendants, ACandS, Inc., a Delaware corporation; A.H. Bennett Company, a Minnesota corporation; Building Sprinkler Company, Inc., a North Dakota corporation; and Fargo-Moorhead Insulation Company, a North Dakota corporation, Defendants and Appellees. Patricia Heine, individually, and as Personal Representative of the Estate of Oscar Heine, deceased, and Richard Hendershot, Plaintiffs and Appellants, v. ACandS, Inc., a Delaware corporation (individually and as successor-in-interest to Armstrong Contracting & Supply, Inc., and Keasby & Mattison Company), et al., Defendants, ACandS, Inc., a Delaware corporation; A.H. Bennett Company, a Minnesota corporation; Building Sprinkler Company, Inc., a North Dakota corporation; and Fargo-Moorhead Insulation Company, a North Dakota corporation, Defendants and Appellees. Margaret Spain, individually, and on behalf of the Estate of William D. O'Meara, deceased, Plaintiff and Appellant, v. ACandS, Inc., a Delaware corporation (individually and as successor-in-interest to Armstrong Contracting & Supply, Inc., and Keasby & Mattison Company), et al., Defendants, ACandS, Inc., a Delaware corporation; A.H. Bennett Company, a Minnesota corporation; Building Sprinkler Company, Inc., a North Dakota corporation; and Fargo-Moorhead Insulation Company, a North Dakota corporation, Defendants and Appellees. Frank Neiss, Plaintiff and Appellant, v. ACandS, Inc., a Delaware corporation (individually and as successor-in-interest to Armstrong Contracting & Supply, Inc., and Keasby & Mattison Company), et al., Defendants, ACandS, Inc., a Delaware corporation; A.H. Bennett Company, a Minnesota corporation; Building Sprinkler Company, Inc., a North Dakota corporation; and Fargo-Moorhead Insulation Company, a North Dakota corporation, Defendants and Appellees.

Supreme Court of North Dakota.

May 24, 1999.


Attorney(s) appearing for the Case

Jeanette T. Boechler, of Boechler Law Firm, Fargo, N.D., and David C. Thompson, of David C. Thompson, P.C., Grand Forks, N.D., for plaintiffs and appellants.

Joseph T. Dixon, Jr., of Henson & Efron, Minneapolis, MN, for appellees jointly, and defendant and appellee ACandS, Inc., individually.

Robert E. Diehl, of Foley & Mansfield, Minneapolis, MN, for defendant and appellee A.H. Bennett Company; A. William Lucas, of Lucas Law Office, Bismarck, N.D., for defendant and appellee Building Sprinkler Company, Inc.; and David J. Hogue, of Pringle & Herigstad, P.C., Minor, N.D., for defendant and appellee Fargo-Moorhead Insulation Company.


SANDSTROM, Justice.

[¶ 1] The defendants in this personal injury litigation, ACandS, Inc., A.H. Bennett Company, Building Sprinkler Company, Inc., and Fargo-Moorhead Insulation Company, were summarily dismissed by the trial court on the ground the time period for suing them had expired under the statute of repose, N.D.C.C. § 28-01-44.1 We hold the statute does not bar an action for injury allegedly caused by exposure, during...

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