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LEET v. CITY OF MINOT

No. 20060011.

721 N.W.2d 398 (2006)

2006 ND 191

Charles LEET and Janet Leet, Plaintiffs and Appellants, v. CITY OF MINOT, Defendant and Appellee.

Supreme Court of North Dakota.

September 13, 2006.

Attorney(s) appearing for the Case

Kim E. Brust (argued) and Stephannie N. Stiel (appeared), Conmy Feste, Ltd., Fargo, N.D., for plaintiffs and appellants.

William E. Bergman, Olson & Burns P.C., Minot, N.D. for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Charles Leet and Janet Leet ("Leets") appealed from a summary judgment dismissing their complaint against the City of Minot and awarding costs and disbursements to Minot. Because we conclude the recreational use immunity statutes do not bar the Leets' claims, we reverse and remand for further proceedings.

I

[¶ 2] In May 2002, while Charles Leet was working at the Minot Auditorium, he was injured when a...

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