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SCHNEIDER v. SCHAAF

No. 990068.

603 N.W.2d 869 (1999)

1999 ND 235

Bennie J. SCHNEIDER, Helen M. Schneider, and Monte K. Schneider, Plaintiffs and Appellants, v. Michael J. SCHAAF, and the Estate of Michael V. Schaaf through its Personal Representative, Clara Schaaf, Defendants and Appellees.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Fintan L. Dooley, Bismarck, ND, for plaintiffs and appellants.

Lawrence A. Dopson, Zuger Kirmis & Smith, Bismarck, ND, for defendants and appellees.

MARING, Justice.

[¶ 1] Bennie, Helen, and Monte Schneider appealed from an order denying their motion for a new trial in a tort and breach of contract action brought against Michael J. Schaaf and the estate of Michael V. Schaaf. We conclude the trial court did not abuse its discretion in denying the Schneiders' motion for a new trial and in affirming summary judgment dismissal of their tort claims against the Schaafs. We affirm.

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