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KLAGUES v. MAINTENANCE ENGINEERING

No. 20010213.

643 N.W.2d 45 (2002)

2002 ND 59

Lance KLAGUES and Don Hall, on behalf of themselves and others similarly situated, Plaintiffs and Appellees, v. MAINTENANCE ENGINEERING, a division of LTG, Ltd., Defendant and Appellant.

Supreme Court of North Dakota.

April 16, 2002.

Attorney(s) appearing for the Case

Stephen W. Plambeck (appeared) and Daniel J. Crothers (argued) of Nilles, Hansen & Davies, Ltd., for defendant and appellant.

Stacey E. Tjon (appeared) and Mike Miller (appeared) of Solberg, Stewart, Miller, Johnson, Tjon & Kennelly, Ltd., Fargo, and Ronald S. Goldser (argued) of Zimmerman Reed, P.L.L.P., Minneapolis, MN, for plaintiffs and appellees.

NEUMANN, Justice.

[¶ 1] Maintenance Engineering ("Maintenance") appeals from the trial court's order granting class certification under Rule 23, N.D.R.Civ.P., and denying its motion for summary judgment on the claims of breach of contract and an accounting. We remand the class certification order with instructions. We conclude the trial court improvidently granted certification under Rule 54(b), N.D.R.Civ.P., of the denial of summary judgment, and therefore we...

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