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SCHAAF v. CATERPILLAR INC.

No. A1-02-50.

264 F.Supp.2d 882 (2003)

David & Alvira SCHAAF, individually, and David Schaaf as Personal Representative of, the Estate of Jacob Schaaf, Plaintiffs, v. CATERPILLAR, INC., Defendant.

United States District Court, D. North Dakota, Southwestern Division.

July 10, 2003.

Attorney(s) appearing for the Case

Irvin B. Nodland, Nodland Law Offices, Bismarck, ND, for Plaintiffs.

M. Daniel Vogel, Vogel Weir Hunke & McCormick Ltd., Fargo, ND, Monte Lane Rogneby, Vogel Law Firm, Bismarck, ND, Mark L. Tripp, Bradshaw Fowler Proctor & Fairgrave PC, Des Moines, IA, for Defendant.

MEMORANDUM AND ORDER

HOVLAND, Chief Judge.

Before the Court is Defendant Caterpillar Inc.'s Motion for Partial Summary Judgement filed on May 19, 2003. Caterpillar seeks summary judgment as to David and Alvira Schaaf s individual claims and any claims for the recovery of attorney's fees. No challenge is made to the claims made on behalf of the Estate of Jacob Schaaf. For the reasons set forth below, Caterpillar's Motion for Partial Summary Judgment...

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