City of Bismarck v. Mariner Construction, Inc.
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| 20050322 |
City of Bismarck, North Dakota, Plaintiff and Appellee
v.
Mariner Construction, Inc.,
a North Dakota corporation,
and Great American Insurance
Company, an Ohio corporation, Defendants, Third-Party
Plaintiffs, and Appellants
v.
Koch Materials Company, Third-Party Defendant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2006 Argument: 01/11/2006 02:45pm
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| ND cite: |
2006 ND 108
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| NW cite: |
714 N.W.2d 484
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court err by requiring the jury to interpret the contract?
II. Did the trial court err by allowing the City to present improper and prejudicial evidence to the jury?
III. Did the trial court err by giving the jury instructions that shifted the burden of proof from the City to Mariner?
IV. Was the jury's verdict excessive and without sufficient evidentiary support?
Reply Brief Issues
I. Does the Agreement contain more than one warranty?
II. Did the trial court err by requiring the jury to interpret the contract as a matter of law?
III. Was there sufficient evidentiary support for the jury to conclude that Mariner
breached the warranty?
Appellee's Statement of the Issues:
Whether the district court's Order dated and entered July 18, 2005 denying Mariner Construction, Inc.'s post-trial motions for judgment as a matter of law and, in the alternative, for a new trial, was in error.
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| 1 | | 09/19/2005 | |
NOTICE OF APPEAL: 09/15/2005 |
| 2 | | 09/19/2005 | |
ORDER FOR TRANSCRIPT: 09/15/2005 |
| 3 | | 09/19/2005 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 09/21/2005 | |
Acknowledgment of order for transcript (Ronda Colby) |
| 5 | | 09/21/2005 | |
RETENTION OF RECORD ON APPEAL: 11/04/2005 |
| 6 | | 10/13/2005 | |
TRANSCRIPTS DATED 4-11-05 thru 4-15-05 (Vols. 1-5) |
| 7 | | 10/13/2005 | |
DISK of tras dtd 4-11-05 thru 4-15-05 |
| 8 | | 10/17/2005 | |
RECORD ON APPEAL (5 Vols., incl. exhibits and 7 depositions) Not rec'd: Clerk's Cert. Nos. 37 & |
| 9 | | 10/17/2005 | |
137 (Court Reporter Notes) |
| 10 | | 10/24/2005 | |
Motion for Admission of Marvin F. Fabyanske Pro Hac Vice & Affidavit (authorized) |
| 11 | | 11/18/2005 | |
APPELLANT BRIEF |
| 12 | | 11/18/2005 | |
APPELLANT APPENDIX |
| 13 | | 11/18/2005 | |
DISK - ATB (e-mailed) |
| 14 | | 11/21/2005 | |
Affidavit of Aaron A. Dean (Pro Hac Vice) |
| 15 | | 12/15/2005 | |
APPELLEE BRIEF (pdf) |
| 16 | | 12/15/2005 | |
E-FILED BRIEF - AEB (E-MAILED PDF) |
| 17 | | 12/15/2005 | |
APPELLEE APPENDIX (pdf) |
| 18 | | 12/15/2005 | |
E-FILED APPENDIX (AEA) |
| 19 | | 12/15/2005 | |
Payment of $74 fee for electronic AEB & Appendix (Receipt 16693) |
| 20 | | 12/20/2005 | |
Copies of AEB; 6 copies of AEA received from Central Duplicating |
| 21 | | 12/23/2005 | |
SITTING WITH THE COURT: Anderson, Zane |
| 22 | | 12/29/2005 | |
REPLY BRIEF of Appellants |
| 23 | | 12/29/2005 | |
DISK - ryb (e-mailed) |
| 24 | | 01/06/2006 | |
Request for Radio/TV Coverage - AP (e-mail dated 1-06-06 from Dale Wetzel) Authorized |
| 25 | | 01/11/2006 | |
APPEARANCES: Marvin T. Fabyanske, B. Timothy Durick; Randall J. Bakke |
| 26 | | 01/11/2006 | |
ARGUED: Fabyanske; Bakke |
| 27 | | 01/11/2006 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 05/16/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 29 | | 05/16/2006 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 30 | | 05/16/2006 | |
Costs on appeal taxed in favor of appellant |
| 31 | | 05/19/2006 | |
Judgment Mailed to Parties |
| 32 | | 05/24/2006 | |
PETITION FOR REHEARING - Appellee |
| 33 | | 05/24/2006 | |
E-FILED BRIEF (PER) (PDF) |
| 34 | | 05/26/2006 | |
Made 7 copies of PER |
| 35 | | 05/30/2006 | |
PETITION FOR REHEARING - Appellants |
| 36 | | 05/30/2006 | |
addendum (Appellant's Petition for Rehearing) |
| 37 | | 05/30/2006 | |
DISK of PER of Appellants (e-mailed) |
| 38 | | 06/01/2006 | |
MOTION and Brief to Strike and for Sanctions |
| 39 | | 06/01/2006 | |
E-FILED MOTION (by email) |
| 40 | | 06/05/2006 | |
ACTION BY SUPREME COURT (PER/AT). Denied |
| 41 | | 06/05/2006 | |
ACTION BY SUPREME COURT (PER/AE). Denied |
| 42 | | 06/05/2006 | |
NO ACTION TAKEN (Motion to Strike and for Sanctions) |
| 43 | | 06/14/2006 | |
MANDATE |
| 44 | | 06/16/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |