ZINK v. ENZMINGER STEEL, LLC

No. 20100359.

798 N.W.2d 863 (2011)

2011 ND 122

Doug ZINK and Ted Keller, Plaintiffs and Appellants v. ENZMINGER STEEL, LLC, Defendant and Appellee.

Supreme Court of North Dakota.

June 21, 2011.


Attorney(s) appearing for the Case

Doug Zink , self-represented, Carrington, N.D., plaintiff and appellant.

Ted Keller , self-represented, Carrington, N.D., plaintiff and appellant.

Steven T. Ottmar , Jamestown, N.D., for defendant and appellee.


SANDSTROM, Justice.

[¶ 1] Doug Zink and Ted Keller appeal from the district court judgment dismissing their complaint, denying their motions, and awarding Enzminger Steel attorney's fees and costs.1 We reverse and remand the district court judgment dismissing Zink's complaint with prejudice, because he was not given notice of the court's order demanding proof of a partnership and an opportunity...

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