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MEIDE v. STENEHJEM EX REL. STATE OF N.D.

No. 20010273.

649 N.W.2d 532 (2002)

2002 ND 128

Jerry L. MEIDE, Individually and Meide & Son, Incorporated, a North Dakota Corporation, Plaintiffs and Appellants, v. Wayne STENEHJEM, Attorney General, ex rel. STATE OF NORTH DAKOTA, State Health Department, and Environmental Abatement Services, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

August 15, 2002.

Attorney(s) appearing for the Case

Joseph A. Turman (argued), DeMars & Turman, Fargo, for plaintiffs and appellants.

Lyle G. Witham (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for defendants and appellees Wayne Stenehjem and State of North Dakota Health Department.

Suzanne M. Schweigert (argued), Smith Bakke Hovland & Oppegard, Bismarck, for defendant and appellee Environmental Abatement Services, Inc.

KAPSNER, Justice.

[¶ 1] Jerry L. Meide, individually, and Meide & Son, Inc. (collectively, "Meide"), appeal from a summary judgment dismissing the declaratory judgment action filed against the State of North Dakota, the North Dakota Department of Health (collectively, "State"), and Environmental Abatement Services, Inc. ("EAS"). Because genuine issues of material fact exist regarding the amount of compensation owed by Meide to EAS for asbestos abatement,...

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