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TRIPLE QUEST, INC. v. CLEVELAND GEAR CO.

No. 20000281.

627 N.W.2d 379 (2001)

2001 ND 101

TRIPLE QUEST, INC., Plaintiff and Appellant v. CLEVELAND GEAR COMPANY, INC., Defendant and Appellee.

Supreme Court of North Dakota.

May 24, 2001.

Attorney(s) appearing for the Case

Gordon Henry Hansmeier, Rajkowski Hansmeier Ltd., St. Cloud, MN, for defendant and appellee.

Sidney J. Spaeth, Vogel, Weir, Hunke & McCormick, Ltd., Fargo, for appellant.

Monte L. Rogneby (on brief), Vogel Law Firm, Bismarck, for appellant.

MARING, Justice.

[¶ 1] Fun Flight, LLC ("Fun Flight"), as the successor in interest to the claims of Triple Quest, Inc. ("Triple Quest"), appealed from an order dismissing, without prejudice, its damage action against Cleveland Gear Company, Inc. ("Cleveland Gear"). We conclude the order dismissing the action without prejudice based on a contractual forum selection clause is appealable and Fun Flight has standing to pursue the appeal. We further hold the trial...

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