Coughlin Construction v. Nu-Tec Industries

20070311 Coughlin Construction Co., Inc., Plaintiff and Appellee
v.
Nu-Tec Industries, Inc.,
Ronald J. Balzer, Rudy
Balzer, James Balzer, Defendants and Appellants
and
Nils Nordin, individually, Defendant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Contracts
Counsel:
Appellant: Maring Williams Law Office
Appellee: McGee, Hankla, Backes & Dobrovolny
Term: 05/2008   Argument: 05/05/2008  9:30am
ND cite: 2008 ND 163
NW cite: 755 N.W.2d 867

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the District Court commit an error of law in awarding Coughlin Construction Company, Inc., a double recovery by failing to reduce damages for money which Coughlin retained and did not pay Nu-Tec and/or for re-using 397 feet of HDPE pipe for the benefit of its owner?
2. Did the trial Court misapply the law and/or erroneously determine certain facts when it pierced the corporate veil of a financially solvent family corporation?
3. Did Coughlin Construction Co., Inc., fail to avoid its own damages by rejecting Nu-Tec's proposal to re-drill the 24-inch HDPE water line?

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Docket entries:
110/22/2007 NOTICE OF APPEAL: 10/18/2007
210/22/2007 ORDER FOR TRANSCRIPT: 10/18/2007
310/22/2007 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
411/01/2007 RETENTION OF RECORD ON APPEAL: 12/21/2007
512/14/2007 MOT. EXT/TIME TRANSCRIPT (faxed letter from nancy Horst dated 12-14-07 (e-filed)
612/14/2007 E-FILED MOTION (MTR) (Faxed)
712/14/2007 ACTION BY CLERK (MTR). Granted: 12/21/2007
812/17/2007 TRANSCRIPT DATED 1-30-06, 1-31-06, 2-1-06, 2-2-06, 2-3-06, 1-26-07 & Master Index (7 vols)
912/17/2007 DISK - tra (1-30-06, 1-31-06, 2-1-06, 2-2-06, 2-3-06, 1-26-07 & Master Index (e-mailed)
1012/18/2007 Certificate of Service of Transcripts on parties
1112/20/2007 MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, & Affidavit in Support
1212/20/2007 E-FILED MOTION (MAT) (E-filed)
1312/20/2007 ACTION BY CLERK (MAT). Granted: 02/11/2008
1412/21/2007 RECORD ON APPEAL (6 vols), Exhibits, & Depositions (2)
1502/11/2008 APPELLANT BRIEF
1602/11/2008 APPELLANT APPENDIX
1702/11/2008 E-FILED BRIEF - ATB (PDF)
1802/11/2008 E-FILED APPENDIX - ATA
1902/12/2008 Received $31 Surcharge for ATB & ATA (Receipt 18010)
2002/14/2008 Received copies of ATB from Central Duplicating
2102/14/2008 Received copies of ATA from Central Duplicating
2202/14/2008 Received Word version of ATB
2302/15/2008 MOT. EXT/TIME APPELLEE BRIEF with affidavit and brief in support
2402/15/2008 ACTION BY CLERK (MAE). Granted: 04/11/2008
2504/09/2008 APPELLEE BRIEF
2604/14/2008 Corrected cover page for AEB
2704/14/2008 DISK - aeb (e-mailed)
2804/25/2008 REPLY BRIEF
2904/25/2008 E-FILED BRIEF (RYB)
3004/25/2008 SITTING WITH THE COURT: Bohlman, Bruce E.
3104/29/2008 Received copies of reply brief from Central Duplicating
3205/05/2008 APPEARANCES: Duane A. Lillehaug; Collin P. Dobrovolny
3305/05/2008 ARGUED: Lillehaug; Dobrovolny
3405/05/2008 ORAL ARGUMENT WEBCAST
3509/04/2008 DISPOSITION: AFFIRMED
3609/04/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
3709/04/2008 CONCUR SPECIALLY: Crothers, Daniel John: CONCUR
3809/04/2008 COSTS ON APPEAL TAXED IN FAVOR OF THE APPELEE
3909/04/2008 Judgment e-mailed to Parties
4009/26/2008 MANDATE
4109/30/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4210/21/2008 Corrected Opinion Page 9

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