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RODENBURG v. FARGO MOORHEAD YMCA

No. 20000279.

632 N.W.2d 407 (2001)

2001 ND 139

Clifton RODENBURG and Donna Rodenburg, Plaintiffs and Appellants, v. FARGO-MOORHEAD YOUNG MEN'S CHRISTIAN ASSOCIATION, and Patrick Parker, Defendants and Appellees, and William J. Hart, Mark Lathrop and Amelia Oponski, Defendants.

Supreme Court of North Dakota.

Rehearing Denied September 5, 2001.

Attorney(s) appearing for the Case

Clifton Rodenburg (argued), pro se, Fargo, ND, for plaintiffs and appellants.

Calvin N. Rolfson (appeared), Rolfson Schulz Lervick & Geiermann Law Offices, Bismarck, ND, for plaintiffs and appellants.

Duane H. Ilvedson (argued) and Joel M. Fremstad (on brief), Nilles, Hansen & Davies, Ltd., Fargo, ND, for defendant and appellee Fargo-Moorhead Young Men's Christian Association.

Aaron J. Dorrheim (argued) and Thomas R. Olson (on brief), Jeffries, Olson & Flom, PA, Moorhead, MN, for defendant and appellee Patrick Parker.

KAPSNER, Justice.

[¶ 1] Clifton and Donna Rodenburg appealed a district court judgment, an order denying their motion for a new trial, and "every other ruling of the court adverse to the plaintiffs." We reverse the judgment dismissing Rodenburgs' action against Patrick Parker. We affirm in all other respects.

[¶ 2] While in the weight room of the Fargo-Moorhead Young Men's Christian Association ("YMCA") on March 26, 1996,

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