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SILLIMAN v. DIRKZWAGER

No. 20100257.

795 N.W.2d 372 (2011)

2011 ND 54

Randy Lee SILLIMAN, Plaintiff and Appellee v. Lee DIRKZWAGER, as an individual, and All American Biodiesel, Inc., a North Dakota Corporation, Defendants All American Biodiesel, Inc., a North Dakota Corporation, Appellant.

Supreme Court of North Dakota.

March 22, 2011.

Attorney(s) appearing for the Case

J. Thomas Traynor, Jr. , Devils Lake, N.D., for plaintiff and appellee; submitted on brief.

Adam M. Olschlager , Billings, Montana, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] All American Biodiesel appeals from the district court's judgment1 awarding Randy Silliman damages and attorney's fees following a fire that occurred on All American's property. The district court ruled that All American was liable for damages that occurred to Silliman's house under the theory of res ipsa loquitur. We reverse, concluding the facts in the record are insufficient to satisfy the elements of...

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