WATTS v. MAGIC 2 × 52 MANAGEMENT, INC.

No. 20110145.

816 N.W.2d 770 (2012)

2012 ND 99

Donna WATTS, Jack Watts, Georgia Bonderenko, Mabel Brauer, Gaylen Erck, Vickie Erck, Rodney Getzlaff, Kathy Getzlaff, Harlon Getzlaff, Dennis Hensen, LaVonne Hensen, Delton Hust, Holly Hust, Dennis Jacobsen, Christie Jacobsen, Bruce Johnson, Diane Johnson, Judith Koponen, Wayne Krzmarzick, Darrel Loftesnes, Theresa Loftesnes, Eugene Neiss, Melanie Wanner, Mark Rustad, Rena Rustad, Jim Soltis, Rita Stomvoll, John Stomvoll, Jim Suydam, Bonnie Suydam, Clara Thompson, Larry Voltz, Diane Voltz, Natalie Wade, Shawn Weigel, LaRinda Weigel, Lynn Wood, Vernon F. Bohara, Elinda Kay Bohara, Laverne Mikkelson as Trustee of Ann C. Bonebrake Trust and Carol Uecker, Plaintiffs and Appellants, v. MAGIC 2 × 52 MANAGEMENT, INC., a North Dakota corporation, B K Properties, L.L.C., a North Dakota limited liability company, Herslip Construction, Inc., a North Dakota corporation, Kenneth Herslip, individually, and doing business as Herslip Restaurants, Bradley Wells and Mark Guttormson, Defendants and Appellees.

Supreme Court of North Dakota.

May 17, 2012.


Attorney(s) appearing for the Case

Randall J. Bakke , Bismarck, N.D., for plaintiffs and appellants.

Todd E. Zimmerman (argued), Benjamin J. Hasbrouck (on brief), and Kristy L. Albrecht (on brief), Fargo, N.D., for defendants and appellees.


SANDSTROM, Justice.

[¶ 1] The plaintiffs ("Limited Partners"), a majority of the limited partners of Magic 2 x 52 Limited Partnership ("Magic Partnership"), appeal from an order denying their post-judgment motion to pierce the corporate veil of several corporate defendants and to recover punitive damages. Because the Limited Partners' post-judgment motion did not seek to reopen the final judgment entered in this case under either N.D.R.Civ.P. 59 or 60, we conclude...

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