GOSBEE v. MARTINSON

No. 20050056CA.

701 N.W.2d 411 (2005)

2005 ND APP 10

John J. GOSBEE, Plaintiff and Appellant v. Rob MARTINSON; Eskrawl, Inc.; Mailwiper, Inc.; Spy Deleter, Inc.; Defendants and Appellees and John and Mary Does 001 through 100; and Doe & Doe, Inc. 101-200, Defendants.

Court of Appeals of North Dakota.

July 6, 2005.


Attorney(s) appearing for the Case

John J. Gosbee, pro se, Mandan, N.D.

Mitchell D. Armstrong (argued) and Scott K. Porsborg (appeared), Smith Bakke Oppegard Porsborg Wolf, Bismarck, N.D., for defendants and appellees.


PER CURIAM.

[¶ 1] John Gosbee has appealed from a judgment dismissing his RICO action against Rob Martinson, Eskrawl, Inc., Mailwiper, Inc., and Spy Deleter, Inc. We reverse and remand for further proceedings.

I

[¶ 2] In March 2004, Gosbee's computers at his home and office became infected with a spyware program. Initially, the program caused his CD-ROM disc drive drawers to open, and he heard an audible signal indicating an error had occurred...

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