Pratt v. Altendorf
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| 20040163 |
Robin Pratt, Plaintiff and Appellant
v.
Richard Altendorf
d/b/a Northwood Aero Spray
and/or Northwood Aero Service, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Bruce E. Bohlman |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2004 Argument: 10/04/2004
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| ND cite: |
2005 ND 32
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| NW cite: |
692 N.W.2d 115
Listen to recording of oral argument in MP3 format
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| Issues: |
Appellant's Statement of the Issues:
Did the Trial Court err in dismissing the Complaint of Pratt against Altendorf, holding that notice under N.D.C.C. 4-35-21.1 must be given prior to commencement of an action, even when there is no allegation that the applied fungicide caused damage
to crops?
Appellee's Statement of the Issues:
The trial courts ruling that North Dakota Century Code Section 4-35-21.1 is applicable to this action and should be affirmed.
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| 1 | | 06/21/2004
NOTICE OF APPEAL: 06/18/2004 |
| 2 | | 07/14/2004
RECORD ON APPEAL not sent with the record were Nos. 31, 49, 55, & 80 (Shorthand Notes) |
| 3 | | 07/28/2004
APPELLANT BRIEF |
| 4 | | 07/28/2004
APPELLANT APPENDIX |
| 5 | | 07/29/2004
DISK of ATB |
| 6 | | 08/27/2004
APPELLEE BRIEF |
| 7 | | 08/27/2004
APPELLEE APPENDIX |
| 8 | | 08/30/2004
DISK - AEB |
| 9 | | 09/13/2004
REPLY BRIEF OF APPELLANT |
| 10 | | 09/17/2004
Corrected Table of Cases & page 2 for RYB |
| 11 | | 09/17/2004
DISK - RYB (e-mailed) |
| 12 | | 10/04/2004
APPEARANCES: Adam W. Hamm and E. Thomas Conmy, III |
| 13 | | 10/04/2004
ARGUED: Hamm; Conmy (Vol. Z; Page 33) |
| 14 | | 10/04/2004
ORAL ARGUMENT WEBCAST |
| 15 | | 02/16/2005
DISPOSITION: REVERSED AND REMANDED |
| 16 | | 02/16/2005
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 17 | | 02/16/2005
Costs on appeal taxed in favor of appellant |
| 18 | | 02/18/2005
Judgment Mailed to Parties |
| 19 | | 03/10/2005
MANDATE |
| 20 | | 03/15/2005
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 21 | | 09/01/2011
EXPUNGED - Nonpermanent record items destroyed |