MIDWEST MOTOR SPORTS v. ARCTIC CAT SALES, INC.

No. CIV 99-4117.

144 F.Supp.2d 1147 (2001)

MIDWEST MOTOR SPORTS, INC., a South Dakota corporation, d/b/a Elliott Power Sports, Plaintiff, v. ARCTIC CAT SALES, INC., a Minnesota corporation, Defendant.

United States District Court, D. South Dakota, Southern Division.

April 23, 2001.


Attorney(s) appearing for the Case

Steven M. Johnson, Ronald A. Parsons, Jr., Johnson, Heidepriem, Miner & Marlow, Sioux Falls, SD, for Plaintiff.

Roger W. Damgaard, James E. Moore, Timothy R. Shattuck, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for Defendant.

Daniel W. Lias, Sioux Falls, SD, for Interested Party A-Tech Cycle Service.


MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

During the course of this litigation the Court awarded sanctions against the Defendant because of the actions of defense counsel. The sanctions were the exclusion from evidence at trial the recordings made by Defendant's private investigator and any evidence obtained as a result of those recordings. The case was subsequently settled although the parties and the Court reserved the question of whether additional...

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