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SPAGNOLIA v. MONASKY

No. 20020203.

660 N.W.2d 223 (2003)

2003 ND 65

Thomas SPAGNOLIA, M.D., Plaintiff and Appellee, v. Mark S. MONASKY, M.D., Defendant and Appellant. and Dakota Neurosurgical Associates, P.C. ("DNA"), a North Dakota professional corporation, Defendant, Third-Party Plaintiff and Appellant, v. Bismarck Neurosurgical Associates, P.C., Third-Party Defendant.

Supreme Court of North Dakota.

Rehearing Denied June 9, 2003.

Attorney(s) appearing for the Case

Rebecca S. Thiem (argued) and James S. Hill, Zuger Kirmis & Smith, Bismarck, ND, for plaintiff and appellee.

Clark J. Bormann, Bormann & Myerchin, LLP, Bismarck, ND, for appellants.

NEUMANN, Justice.

[¶ 1] Dakota Neurosurgical Associates, P.C. ("DNA") and Mark S. Monasky, M.D., have appealed from the judgment in an action brought by Thomas Spagnolia, M.D., and from an order allowing costs and fees, denying a motion to unseal court records, and denying a motion for judgment as a matter of law, for a new trial, and to amend the findings and judgment. We affirm in part, and reverse in part.

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