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SWMO LLC v. EAGLE RIGID SPANS INC.

No. 20180407.

932 N.W.2d 120 (2019)

2019 ND 207

SWMO LLC, a North Dakota Limited Liability Company, Plaintiff and Appellant v. EAGLE RIGID SPANS INC., the General Contractor; Mon-Dak Plumbing and Heating, Inc.; Ronald J. Koch d/b/a RK Electric, Defendants and Appellees Creative Image Concrete, Inc.; and all other persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the complaint, Defendants.

Supreme Court of North Dakota.

Filed July 31, 2019.

Attorney(s) appearing for the Case

Daniel J. Frisk , West Fargo, ND, for plaintiff and appellant.

Christopher J. Nyhus , Bismarck, ND, for Eagle Rigid Spans, Inc., defendant and appellee.

Charles L. Neff , Williston, ND, for Mon-Dak Plumbing and Heating, Inc., defendant and appellee.

Samuel G. Larson , Bismarck, ND, for Ronald J. Koch d/b/a RK Electric, defendant and appellee.

[¶1] SWMO, LLC appeals district court orders granting partial summary judgment to Mon-Dak Plumbing and Heating, Inc. and RK Electric relating to their work performed on a building owned by SWMO. The court awarded Mon-Dak $125,600 and RK Electric $114,242 from funds deposited into court by SWMO. SWMO claims disputed issues...

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