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COMSTOCK CONSTRUCTION, INC. v. SHEYENNE DISPOSAL

No. 20010281.

651 N.W.2d 656 (2002)

2002 ND 141

COMSTOCK CONSTRUCTION, INC., Plaintiff, Appellee and Cross-Appellant, v. SHEYENNE DISPOSAL, INC., Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

August 29, 2002.

Attorney(s) appearing for the Case

Richard J. Henderson (argued), Nilles, Hansen & Davies, Ltd., Moorhead, MN and Jacqueline Sue Anderson (on brief), Nilles, Hansen & Davies, Ltd., Fargo, for defendant, appellant and cross-appellee.

Robert Garold Hoy, Ohnstad Twichell, P.C., West Fargo, for plaintiff, appellee and cross-appellant.

KAPSNER, Justice.

[¶ 1] Sheyenne Disposal, Inc., appeals from a judgment and order denying its post-trial motion for a new trial and for remittitur of interest. Comstock Construction, Inc., cross-appeals from the dismissal of its claim for a mechanic's lien. We conclude the trial court did not abuse its discretion in denying Sheyenne Disposal's post-trial motion, but the court erred in dismissing Comstock Construction's claim for a mechanic's lien. We affirm...

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