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EVERKRISP VEGETABLES INC. v. OTTO

Case No. 3:10-cv-112.

941 F.Supp.2d 1132 (2013)

EVERKRISP VEGETABLES INC., an Arizona corporation and Bickman Farms, an Arizona general partnership, Plaintiffs, v. Bruce OTTO; and Crystal Seed Potato Company, a North Dakota corporation, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

April 12, 2013.

Attorney(s) appearing for the Case

Craig E. Johnson , Johnson Ramstad & Mottinger, PLLP, Fargo, ND, Michael D. Martin , Martin Law Office, Lakeland, FL, for Plaintiffs.

Charles A. Stock , Rust Stock Rasmusson & Knutson, P.A., Crookston, MN, for Defendants.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS BRUCE OTTO AND CRYSTAL SEED POTATO COMPANY'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT

RALPH R. ERICKSON, Chief Judge.

Before the Court is Defendants Bruce Otto (hereafter "Otto") and Crystal Seed Potato Company, Inc.'s (hereafter "Crystal Seed") motion for dismissal and for summary judgment (Docs. # 135, 138). Otto contends that he should be dismissed as an individual defendant because he neither owed a duty...

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