GLASOW v. E.I. DUPONT DE NEMOURS AND CO.

No. 20040321.

696 N.W.2d 531 (2005)

2005 ND 94

Bruce GLASOW, on behalf of himself and all others similarly situated, Plaintiff and Appellant v. E.I. DUPONT DE NEMOURS AND COMPANY; Pioneer Hi-Bred International; and Monsanto Company, Defendants and Appellees Robert Finken, Appellant.

Supreme Court of North Dakota.

May 17, 2005.


Attorney(s) appearing for the Case

Sarah M. Vogel (appeared), Sarah Vogel Law Firm, P.C., Bismarck, N.D., for plaintiff and appellants.

Adam J. Levitt (argued), Wolf Haldenstein Adler Freeman & Herz LLC, Chicago, IL, for plaintiff and appellants.

Daniel W. Krasner (on brief) and Scott J. Farrell (on brief), Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY, for plaintiff and appellants.

David A.P. Brower (on brief), Milberg Weiss Bershad & Schulman LLP, New York, NY, for plaintiff and appellants.

Stephen A. Weiss (on brief) and James A. O'Brien III (on brief), Seeger Weiss LLP, New York, NY, for plaintiff and appellants.

Lawrence E. King (appeared) and Patrick J. Ward (on brief), Zuger Kirmis & Smith, Bismarck, N.D., for E.I. DuPont de Nemours and Company and Pioneer Hi-Bred International.

Anthony J. Franze (argued), Robert N. Weiner (on brief), and Judith Bernstein-Gaeta (on brief), Arnold & Porter LLP, Washington, D.C., for Monsanto Company.

Stephen W. Plambeck (appeared) and Joel M. Fremstad (on brief), Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Fargo, N.D., for Monsanto Company.

Scott E. Gant (argued) and James P. Denvir (on brief), Boies Schiller & Flexner LLP, Washington, DC, for E.I. DuPont de Nemours and Company and Pioneer Hi-Bred International.


VANDE WALLE, Chief Justice.

[¶ 1] Bruce Glasow and Robert Finken appealed from the district court's order denying Glasow's motion to withdraw as party plaintiff, Finken's motion to intervene, and dismissal without prejudice. We reverse and remand for further proceedings consistent with this opinion.

I

[¶ 2] In March 2004, Glasow filed a class action against E.I. DuPont de Nemours, Pioneer Hi-Bred International, and Monsanto Company ("DuPont...

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