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BURRIS CARPET PLUS, INC. v. BURRIS

No. 20090104.

785 N.W.2d 164 (2010)

2010 ND 118

BURRIS CARPET PLUS, INC., Plaintiff, Appellant and Cross-Appellee v. Jerrod BURRIS, Derek Burris, and Dan Burris, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

June 30, 2010.

Attorney(s) appearing for the Case

DeWayne A. Johnston (argued) and Jacey Layne Johnston (appeared), Grand Forks, N.D., for plaintiff, appellant and cross-appellee.

Patrick W. Fisher (argued) and John Benjamin Wangberg (on brief), Grand Forks, N.D., for defendants, appellees and cross-appellants Jerrod Burris and Dan Burris.

Mark R. Western (argued) and William P. Harrie (on brief), Fargo, N.D., for defendant, appellee and cross-appellant Derek Burris.

VANDE WALLE, Chief Justice.

[¶ 1] Burris Carpet Plus, Inc. ("BCP"), appealed and Jerrod Burris, Derek Burris, and Dan Burris (collectively "Burrises") cross-appealed from a district court order and judgment granting the Burrises' motion for summary dismissal and denying BCP's motion for summary judgment. BCP also appealed from a district court order partially granting its motion to compel discovery. We affirm.

I

[¶ 2] BCP is a North Dakota...

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