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SYMINGTON v. DAISY MFG. CO., INC.

No. A2-02-140.

360 F.Supp.2d 1027 (2005)

Dean SYMINGTON, Plaintiff, v. DAISY MANUFACTURING COMPANY, INC., a corporation, Defendant.

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

February 23, 2005.

Attorney(s) appearing for the Case

Kenneth F. Johannson, Johannson Rust Fagerlund Yon & Stock, P.A., Crookston, MN, for Plaintiff.

Duane H. Ilvedson, Nilles, Hansen & Davies, Ltd., Fargo, ND, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

ERICKSON, District Judge.

Before the Court is Defendant's Motion for Summary Judgment (doc. # 21). Plaintiff filed a brief in opposition (doc. # 27).

SUMMARY OF HOLDING

The Court accepts Plaintiff's expert witness supplemental report because the testimony would be admissible at trial and alternatively finds no prejudice to Defendant in accepting this report in affidavit form...

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