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

Nos. 20040307, 20040308.

696 N.W.2d 924 (2005)

2005 ND 99

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.

May 25, 2005.

Attorney(s) appearing for the Case

Michael L. Wagner, Wagner Law Firm, Bismarck, ND, for defendants and appellants.

Gregory L. Lange, Lange & Donovan, P.L.L.P., Hazen, ND, for plaintiff and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] AquaConcept Technologies, Inc., Richard D. Davis, III, Joseph Hauer, and Berkley Strothman ("AquaConcept") appealed from a final judgment granting a deficiency judgment to Oliver-Mercer Electric Cooperative ("the Cooperative"). We reverse and remand with directions to enter an order denying a deficiency judgment.

I

[¶ 2] The underlying facts of the case are undisputed:

AquaConcept borrowed 1.8...

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