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DINGER EX REL. DINGER v. STRATA CORP.

No. 990141.

607 N.W.2d 886 (2000)

2000 ND 41

Deloris A. DINGER, by and through her attorney in fact, Dale L. DINGER, and Dale L. Dinger, individually, Plaintiffs and Appellants, v. STRATA CORPORATION, a corporation, and Traffic Safety Services, Inc., a corporation, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied April 5, 2000.

Attorney(s) appearing for the Case

Leland F. Hagen, Lee Hagen Law Office, Ltd., Fargo, ND, for plaintiffs and appellants.

Jay H. Fiedler, Pearson Christensen, Grand Forks, ND, and Stephen W. Plambeck, Nilles, Hansen & Davies, Ltd., Fargo, ND, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Deloris A. Dinger and Dale L. Dinger appealed from a judgment dismissing their action against Strata Corporation ("Strata") and Traffic Safety Services, Inc. ("TSS"). We hold the trial court erred in determining there was no genuine issue of material fact regarding whether Strata and TSS breached duties owed to Dingers. We therefore reverse and remand.

I

[¶ 2] In 1991, Ramsey County decided to construct a bike path...

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