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AGRI INDUSTRIES, INC. v. FRANSON

Nos. 20170319 & 20170412.

915 N.W.2d 146 (2018)

2018 ND 156

AGRI INDUSTRIES, INC., Plaintiff and Appellee v. Francis FRANSON, Defendant, Third-Party Plaintiff, Appellant, and Cross-Appellee v. Hess Corporation, Third-Party Defendant, Appellee, and Cross-Appellant.

Supreme Court of North Dakota.

Filed July 11, 2018.

Attorney(s) appearing for the Case

Lynn M. Mesteth , Fargo, ND, for plaintiff and appellee Agri Industries, Inc.

Scott A. Hager , Bismarck, ND, for defendant, third-party plaintiff, appellant, and cross-appellee Francis Franson.

Paul J. Forster (argued) and Benjamin J. Sand (appeared), Bismarck, ND, for third-party defendant, appellee, and cross-appellant Hess Corporation.

[¶ 1] Francis Franson appeals from a judgment entered after the district court granted Hess Corporation's ("Hess") motion for summary judgment and Agri Industries, Inc.'s ("Agri") motion for prejudgment interest. Hess cross-appeals from the parts of the district court's judgment rejecting Hess' alternative arguments for dismissal...

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