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BORNSEN v. PRAGOTRADE, LLC

No. 20110087.

804 N.W.2d 55 (2011)

2011 ND 183

Ruth BORNSEN and Nathan Bornsen, Plaintiffs v. PRAGOTRADE, LLC, Pragotrade, Inc., and Cabela's Retail, Inc., Defendants.

Supreme Court of North Dakota.

September 15, 2011.

Attorney(s) appearing for the Case

Nicholas B. Hall (argued), Grafton, N.D., for plaintiffs.

Ronald H. Schneider (appeared), Schneider Law Firm, Willmar, MN, for plaintiffs.

William L. Davidson (argued), Thomas John Evenson (appeared), Thomas Dice Jensen (on brief), Lind Jensen Sullivan & Peterson P.A., Minneapolis, MN, for defendants Cabela's Retail, Inc.

Ariston Edward Johnson , Bismarck, N.D., amicus curiae.

Larry L. Boschee , Bismarck, N.D., amicus curiae.

CROTHERS, Justice.

[¶ 1] The United States District Court for the District of North Dakota certified a question to this Court whether we apply the "apparent manufacturer" doctrine to N.D.C.C. ch. 28-01.3. We answer the question "No."

I

[¶ 2] Ruth and Nathan Bornsen brought a products liability action in state district court against Pragotrade, LLC, Pragotrade, Inc., and Cabela's Retail, Inc., for negligence, strict liability, and breach...

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