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REED v. UNIVERSITY OF NORTH DAKOTA

Civil No. 980123

589 N.W.2d 880 (1999)

1999 ND 25

Jace REED, Plaintiff and Appellant, v. UNIVERSITY OF NORTH DAKOTA, a North Dakota corporation, John Gasparini, James Scanlan, Craig Perry, Chad Peterson, and the North Dakota Association for the Disabled, Inc., a North Dakota corporation, Defendants and Appellees.

Supreme Court of North Dakota.

February 23, 1999.

Attorney(s) appearing for the Case

Lauris A. Heyerdahl (argued) and Lisa M. Lamm (on brief), of Abrams & Smith, Minneapolis, MN, and Roger C. Justin (appearance), of Rinke Noonan Law Firm, St. Cloud, MN, for plaintiff and appellant.

Sara B. Gullickson, Special Assistant Attorney General, Fargo, ND, for defendants and appellees University of North Dakota, John Gasparini, James Scanlan, Craig Perry, and Chad Peterson.

Gerald J. Haga, of Camrud, Maddock, Olson & Larson, Ltd., Grand Forks, ND, for defendant and appellee North Dakota Association for the Disabled, Inc.

MARING, Justice.

[¶ 1.] Jace Reed appealed a summary judgment dismissing his breach of contract claim against the University of North Dakota (UND) and his negligence and "in concert" claims against the North Dakota Association for the Disabled (NDAD). We hold res judicata bars Reed's breach of contract claim against UND, a valid release exonerates NDAD from liability for its alleged negligence, and, as a matter of law, NDAD did not act "in concert" with UND in...

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