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LAGERQUIST v. STERGO

No. 20070285.

752 N.W.2d 168 (2008)

2008 ND 138

Dave LAGERQUIST, Plaintiff and Appellee v. Rudy STERGO a.k.a. Rudy Strgo, Just Wire Corp., West Side Metals Corp., Midwest Industrial Metals Corporation, and John Doe, Defendants. West Side Metals Corp., Defendant and Appellant.

Supreme Court of North Dakota.

July 2, 2008.

Attorney(s) appearing for the Case

David R. Phillips (argued) and Scott K. Porsborg (appeared), Smith Bakke Porsborg & Schweigert, Bismarck, ND, for plaintiff and appellee.

Jerome C. Kettleson (argued) and Zachary E. Pelham (appeared), Pearce & Durick, Bismarck, ND, for defendant and appellant West Side Metals Corp.

KAPSNER, Justice.

[¶ 1] West Side Metals Corporation ("West Side") appeals an amended judgment holding West Side liable for money damages, costs, and disbursements in the amount of $86,702. We affirm the amended judgment of the district court to the extent that it finds the existence of an actual agency relationship and awards damages, costs, and disbursements, but reverse the district court's holding that an ostensible agency relationship existed.

I...

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