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OLIVER-MERCER ELEC. CO-OP., INC. v. DAVIS

Nos. 20030157, 20030158.

678 N.W.2d 757 (2004)

2004 ND 86

OLIVER-MERCER ELECTRIC COOPERATIVE, INC., Plaintiff and Appellee v. Richard D. DAVIS, III, Michael P. Ossanna, Joseph Hauer and Berkley Strothman, Defendants. Richard D. Davis, III, Joseph Hauer and Berkley Strothman, Defendants and Appellants. Oliver-Mercer Electric Cooperative, Inc., Plaintiff and Appellee, v. AquaConcept Technologies, Inc., Defendant and Appellant.

Supreme Court of North Dakota.

April 19, 2004.

Attorney(s) appearing for the Case

Michael L. Wagner (argued), Wagner Law Firm, Bismarck, N.D., for defendants and appellants.

Gregory L. Lange (argued), Richardson, Lange & Donovan, Hazen, N.D., for plaintiff and appellee.

MARING, Justice.

[¶ 1] AquaConcept Technologies, Inc. ("AquaConcept"), Richard D. Davis, III, Joseph Hauer, and Berkley Strothman appeal a deficiency judgment granted to Oliver-Mercer Electric Cooperative ("the Cooperative") entered on April 4, 2003. Subsequently a final judgment was entered on August 22, 2003. We affirm the trial court's denial of AquaConcept's request for a jury trial. We reverse the trial court's deficiency judgment and remand the case for...

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