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LAGERQUIST v. STERGO

No. 20070285.

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.

Decided July 2, 2008

Attorney(s) appearing for the Case

David R. Phillips (argued) and Scott K. Porsborg (appeared), Smith Bakke Porsborg & Schweigert, 116 N. 2nd St., P.O. Box 460, Bismarck, ND 58502-0460, for plaintiff and appellee.

Jerome C. Kettleson (argued) and Zachary E. Pelham (appeared), Pearce & Durick, 314 E. Thayer Ave., P.O. Box 400, Bismarck, ND 58502-0400, for defendant and appellant West Side Metals Corp.

Opinion of the Court by Kapsner, Justice.

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...

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