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DAVIS v. STRATA CORP.

No. A4-01-83.

242 F.Supp.2d 643 (2003)

Ken DAVIS, Plaintiff, v. STRATA CORPORATION, a North Dakota corporation, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

January 24, 2003.

Attorney(s) appearing for the Case

Larry M. Baer, West Des Moines, IA, for Plaintiff.

Allen Jay Flaten, Thomas L. Zimney, Zimney Foster Johnson Dittus & Flaten, Grand Forks, ND, for Defendant.

MEMORANDUM AND ORDER

HOVLAND, Chief Judge.

Before the Court is Defendant Strata Corporation's Motion for Summary Judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons outlined below, the motion is granted in part and denied in part.

I. BACKGROUND OF THE CASE

Strata Corporation is a North Dakota corporation engaged in the business of supplying aggregate products and concrete to customers in North Dakota...

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