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SIMPSON v. CHICAGO PNEUMATIC TOOL CO.

No. 20020171.

657 N.W.2d 261 (2003)

2003 ND 31

Stephen SIMPSON, Sheri Simpson, husband and wife, Plaintiffs and Appellants and Justin Simpson, Amanda Simpson, and Jeffrey Simpson, all minors, Plaintiffs v. CHICAGO PNEUMATIC TOOL COMPANY, Defendant and Appellee and Residual Materials, Inc. and Todd A. Clausnitzer, Defendants.

Supreme Court of North Dakota.

Rehearing Denied March 26, 2003.

Attorney(s) appearing for the Case

Robert V. Bolinske (argued), Bismarck, N.D. and Charles T. Edin (appeared), Charles T. Edin, P.C. Law Office, Bismarck, N.D., for plaintiffs and appellants.

Thomas H. Fegan (argued), Johnson & Bell, Ltd., Chicago, IL and Jerome C. Kettleson (appeared), Pearce & Durick, Bismarck, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Stephen and Sheri Simpson appealed from a judgment dismissing their products liability action against Chicago Pneumatic Tool Company and from an order denying their motion for a new trial. Simpsons argue the trial court abused its discretion in denying their motion for a new trial and their post-judgment motion to compel the production of all the original surveillance videotape taken by Thomas Twist in July 1997 and September...

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