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DICKIE v. FARMERS UNION OIL CO. OF LAMOURE

No. 990389.

611 N.W.2d 168 (2000)

2000 ND 111

Lillian Maria DICKIE and John Dickie, Plaintiffs, v. FARMERS UNION OIL COMPANY OF LaMOURE; Vining Oil & Gas Company, Defendants.

Supreme Court of North Dakota.

May 25, 2000.

Attorney(s) appearing for the Case

Tyrone Patrick Bujold, Minneapolis, MN, for plaintiffs.

John V. McCoy (moved for admission by Lawrence R. Klemin), Bode, Carroll, McCoy, Hoefle & Mihal, Waukesha, WI, and Carlton J. Hunke (appeared), Fargo, for defendants.

NEUMANN, Justice.

[¶ 1] Invoking N.D.R.App.P. 47, the United States District Court, Southeastern Division for the District of North Dakota, certified the following question of law to this Court:

Is N.D. Cent.Code § 28-01.3-08, the North Dakota Product Liability Act Statute of Repose, unconstitutional under Article I, § 21 of the North Dakota Constitution because it denies to the plaintiffs in this action equal protection of the law? ...

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