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PIERCE v. B.P.O. OF ELKS LODGE NO. 1214

No. 20030017.

673 N.W.2d 914 (2004)

2004 ND 26

William A. PIERCE and Carol Pierce, Plaintiffs and Appellants v. B.P.O. OF ELKS LODGE NO. 1214, Defendant and Appellee.

Supreme Court of North Dakota.

January 28, 2004.

Attorney(s) appearing for the Case

William A. Herauf (argued), Reichert & Herauf, P.C., Dickinson, N.D., and Gary L. Jackson, Sidney, MT, for plaintiffs and appellants.

H. Malcolm Pippin (argued), Nilles, Hansen & Davies, Ltd., Williston, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] William A. and Carol Pierce appealed from judgments dismissing their action against B.P.O. of Elks Lodge No. 1214 ("Elks") for breach of a business lease agreement and related damages. We conclude genuine issues of material fact exist which precluded the district court from dismissing the Pierces' claims through summary judgment. We reverse and remand for further proceedings.

I

[¶ 2] In the fall of 1994, the Elks...

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