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RITTER, LABER & ASSOCIATES v. KOCH OIL

No. 20030347.

680 N.W.2d 634 (2004)

2004 ND 117

RITTER, LABER AND ASSOCIATES, INC.; Elizabeth Cantarine, Personal Representative of the Estate of Eugene A. Burdick; and Russell L. Kiker, Plaintiffs and Appellants v. KOCH OIL, INC., a Division of Koch Industries, Inc., Defendant and Appellee.

Supreme Court of North Dakota.

June 3, 2004.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Jane L. Dynes (on brief), Serkland Law Firm, Fargo, ND; Marvin L. Kaiser (on brief), Kaiser Law Firm, Williston, ND; Gary J. Gordon (argued), Rider Bennett, LLP, Minneapolis, MN, for plaintiffs and appellants.

Charles F. Webber (argued), Jerry W. Snider (on brief), Aaron Van Oort (on brief) and Deborah A. Ellingboe (on brief), Faegre & Benson, Minneapolis, MN; John W. Morrison (appeared), Fleck, Mather & Strutz, Ltd., Bismarck, ND, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] The representative plaintiffs in a class action, Ritter, Laber and Associates, Inc., Elizabeth Cantarine as personal representative of the estate of Eugene A. Burdick, and Russell L. Kiker, appeal from a summary judgment dismissing their claims against Koch Oil, Inc., a division of Koch Industries, Inc., ("Koch") for conversion, unjust enrichment, and an accounting, and denying their motion to amend the complaint to allege a claim for...

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