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HOWES v. KELLY SERVICES, INC.

No. 20020014.

649 N.W.2d 218 (2002)

2002 ND 131

Michael HOWES, Plaintiff and Appellant, v. KELLY SERVICES, INC., Defendant and Appellee.

Supreme Court of North Dakota.

August 15, 2002.

Attorney(s) appearing for the Case

Timothy Q. Purdon (argued) and Thomas A. Dickson (on brief), Dickson & Purdon, Bismarck, and Michael G. Liffrig (appeared), Mandan, for plaintiff and appellant.

Jerome C. Kettleson (argued), Pearce & Durick, Bismarck, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Michael Howes appealed from a judgment and post-trial orders granting motions by Kelly Services, Inc. ("Kelly") for judgment as a matter of law and for a new trial. Kelly cross-appealed from the denial of its motion for a new trial on grounds other than the sufficiency of the evidence. We reverse and remand for a new trial.

I

[¶ 2] On March 9,1998, Howes, an employee at Farmers Union Distribution Center ("Farmers...

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