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CASE CREDIT CORP. v. OPPEGARD'S, INC.

No. 20040369.

701 N.W.2d 891 (2005)

2005 ND 141

CASE CREDIT CORPORATION, a Delaware Corporation, Plaintiff and Appellant v. OPPEGARD'S, INC., a North Dakota Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 31, 2005.

Attorney(s) appearing for the Case

Clifton D. Rodenburg (on brief), Johnson, Rodenburg & Lauinger, Fargo, ND, for plaintiff and appellant.

John P. Dosland, Ohnstad Twichell, P.C., West Fargo, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Case Credit Corporation ("Case Credit") appeals a district court order denying its motion for judgment as a matter of law and a district court judgment awarding damages, without interest, based on the jury's findings that Oppegard's, Inc. ("Oppegard's") was 5 percent liable for Case Credit's damages. We affirm the denial of the motion for judgment as a matter of law, but reverse and remand for...

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