Coughlin Construction v. Nu-Tec Industries
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| 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
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| Counsel: |
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| Term: |
05/2008 Argument: 05/05/2008 09:30am
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| ND cite: |
2008 ND 163
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| NW cite: |
755 N.W.2d 867
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 10/22/2007 | |
NOTICE OF APPEAL: 10/18/2007 |
| 2 | | 10/22/2007 | |
ORDER FOR TRANSCRIPT: 10/18/2007 |
| 3 | | 10/22/2007 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 11/01/2007 | |
RETENTION OF RECORD ON APPEAL: 12/21/2007 |
| 5 | | 12/14/2007 | |
MOT. EXT/TIME TRANSCRIPT (faxed letter from nancy Horst dated 12-14-07 (e-filed) |
| 6 | | 12/14/2007 | |
E-FILED MOTION (MTR) (Faxed) |
| 7 | | 12/14/2007 | |
ACTION BY CLERK (MTR). Granted: 12/21/2007 |
| 8 | | 12/17/2007 | |
TRANSCRIPT DATED 1-30-06, 1-31-06, 2-1-06, 2-2-06, 2-3-06, 1-26-07 & Master Index (7 vols) |
| 9 | | 12/17/2007 | |
DISK - tra (1-30-06, 1-31-06, 2-1-06, 2-2-06, 2-3-06, 1-26-07 & Master Index (e-mailed) |
| 10 | | 12/18/2007 | |
Certificate of Service of Transcripts on parties |
| 11 | | 12/20/2007 | |
MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, & Affidavit in Support |
| 12 | | 12/20/2007 | |
E-FILED MOTION (MAT) (E-filed) |
| 13 | | 12/20/2007 | |
ACTION BY CLERK (MAT). Granted: 02/11/2008 |
| 14 | | 12/21/2007 | |
RECORD ON APPEAL (6 vols), Exhibits, & Depositions (2) |
| 15 | | 02/11/2008 | |
APPELLANT BRIEF |
| 16 | | 02/11/2008 | |
APPELLANT APPENDIX |
| 17 | | 02/11/2008 | |
E-FILED BRIEF - ATB (PDF) |
| 18 | | 02/11/2008 | |
E-FILED APPENDIX - ATA |
| 19 | | 02/12/2008 | |
Received $31 Surcharge for ATB & ATA (Receipt 18010) |
| 20 | | 02/14/2008 | |
Received copies of ATB from Central Duplicating |
| 21 | | 02/14/2008 | |
Received copies of ATA from Central Duplicating |
| 22 | | 02/14/2008 | |
Received Word version of ATB |
| 23 | | 02/15/2008 | |
MOT. EXT/TIME APPELLEE BRIEF with affidavit and brief in support |
| 24 | | 02/15/2008 | |
ACTION BY CLERK (MAE). Granted: 04/11/2008 |
| 25 | | 04/09/2008 | |
APPELLEE BRIEF |
| 26 | | 04/14/2008 | |
Corrected cover page for AEB |
| 27 | | 04/14/2008 | |
DISK - aeb (e-mailed) |
| 28 | | 04/25/2008 | |
REPLY BRIEF |
| 29 | | 04/25/2008 | |
E-FILED BRIEF (RYB) |
| 30 | | 04/25/2008 | |
SITTING WITH THE COURT: Bohlman, Bruce E. |
| 31 | | 04/29/2008 | |
Received copies of reply brief from Central Duplicating |
| 32 | | 05/05/2008 | |
APPEARANCES: Duane A. Lillehaug; Collin P. Dobrovolny |
| 33 | | 05/05/2008 | |
ARGUED: Lillehaug; Dobrovolny |
| 34 | | 05/05/2008 | |
ORAL ARGUMENT WEBCAST |
| 35 | | 09/04/2008 | |
DISPOSITION: AFFIRMED |
| 36 | | 09/04/2008 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 37 | | 09/04/2008 | |
CONCUR SPECIALLY: Crothers, Daniel John: CONCUR |
| 38 | | 09/04/2008 | |
COSTS ON APPEAL TAXED IN FAVOR OF THE APPELEE |
| 39 | | 09/04/2008 | |
Judgment e-mailed to Parties |
| 40 | | 09/26/2008 | |
MANDATE |
| 41 | | 09/30/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 42 | | 10/21/2008 | |
Corrected Opinion Page 9 |