KEY ENERGY SERVICES, LLC v. EWING CONST.

No. 20170324.

911 N.W.2d 319 (2018)

2018 ND 121

KEY ENERGY SERVICES, LLC, Plaintiff and Appellee v. EWING CONSTRUCTION CO., INC., Defendant and Appellant and Bridger Construction Services, Inc.; Jensen & Son Construction, Inc.; Oil-Well Lubricant Dispense Systems, Inc.; Crane-Tec, Inc.; The Sherwin-Williams Company; Harper Ready Mix Company; Gaston Engineering & Surveying, P.C.; Selid Plumbing and Heating, Inc.; Distribaire, Inc.; Alliance Steel, Inc.; Ahern Rentals, Inc.; Cal's Carpet Inc.; Wagner Concrete Corp.; Fargo Glass & Paint Company; Alpha Overhead Door, Inc.; Warner Enterprises, Inc. d/b/a Energy Electrical Distribution Co.; KLE Construction LLC; C4, LLC; Dakota Fire Protection, Inc.; WE Integrage, LLC; James Dean McMains d/b/a D & M Steel Buildings; and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the complaint, Defendants.

Supreme Court of North Dakota.

Filed May 9, 2018.


Attorney(s) appearing for the Case

Monte L. Rogneby (argued), Bismarck, N.D., and Caren L. Stanley (on brief), Fargo, N.D., for plaintiff and appellee.

Scott K. Porsborg (argued) and Austin T. Lafferty (appeared), Bismarck, N.D., and John T. Runde (on brief), Corpus Christi, Texas, for defendant and appellant.


[¶ 1] Ewing Construction Co., Inc., appeals from a judgment denying its N.D.R.Civ.P. 60(b) motion to vacate a $951,191.62 default judgment entered in favor of Key Energy Services, LLC. Because the district court did not err in ruling service of process was proper and did not abuse its discretion in denying the motion to vacate...

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