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BURGAD v. JACK L. MARCUS, INC.

No. A1-03-138.

345 F.Supp.2d 1037 (2004)

Susan BURGAD a/k/a Susan Hubbard, Plaintiff, v. JACK L. MARCUS, INC., Defendant.

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

November 24, 2004.

Attorney(s) appearing for the Case

Theresa L. Zimmerman, Bismarck, ND, for Plaintiff.

Patrick W. Durick, Pearce & Durick, Bismarck, ND, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Defendant's Motion for Summary Judgment filed on August 30, 2004. On November 1, 2004, the Plaintiff filed a response opposing the motion. For the following reasons, the motion is granted.

I. BACKGROUND

In July of 2001, the plaintiff, Susan Burgad, ordered a cotton/spandex sports bra from the defendant, Jack L. Marcus...

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